The U.S. Food and Drug Administration (FDA) released an Advance Notice of Proposed Rulemaking (ANPRM) seeking comments and scientific data on the public health impacts and appropriate regulatory status of premium cigars. Released March 26, this is the third in a series of ANPRMs recently released by the FDA as part of its comprehensive tobacco and nicotine regulation initiative. The first two ANPRMs, issued March 16 and 21, respectively, focus on the development of a standard for the maximum level of nicotine permitted in cigarettes and the inclusion of flavors, including menthol, in tobacco products.

In 2016, the FDA published a final rule deeming a range of tobacco products, including premium cigars, under the Agency's regulatory authority. While the FDA initially considered exempting premium cigars from certain regulations, no appropriate public health justification was determined. Rather, the Agency noted that while some premium cigar smokers may smoke infrequently or do not fully inhale when smoking, the behaviors do not fully negate the adverse effects of tobacco smoke or related secondhand smoke.

Through this ANPRM, the FDA is seeking information to further inform the Agency's regulatory stance on premium cigars with regard to public health considerations and current inconsistencies in the definition of what constitutes a premium cigar. Your ACC is actively reviewing these issuances with the intention to provide comments.

Keywords: ACC Advocacy, Tobacco, Tobacco Products, Nicotine, Menthol, Tobacco Smoke Pollution, Public Health, Intention, United States Food and Drug Administration, Information Seeking Behavior, Smoking, Flavoring Agents

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