Congressman Byron Donalds (R-FL) has introduced new legislation aimed at shielding small and family-owned cigar businesses from what he describes as “overly burdensome” federal regulations.
The Cutting the Invasive Government’s Arbitrary Regulations (CIGAR) Act, or H.R. 2111, is the ninth bill introduced by Donalds in the 119th Congress. The bipartisan measure has garnered the support of Representatives Mario Díaz-Balart (R-FL), Nick Langworthy (R-NY), Dina Titus (D-NV), and Jimmy Panetta (D-CA).
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The bill seeks to codify legal precedent and prevent excessive oversight by the Food and Drug Administration (FDA), which currently imposes stringent regulations on all cigars, including handcrafted, premium varieties.
Specifically, the CIGAR Act would:
- Define premium cigars in statute by enshrining recent court rulings into law.
- Ensure the FDA prioritizes public health efforts rather than burdening a traditional, globally respected industry with unnecessary regulatory costs.
According to Donalds, small cigar manufacturers face an unfair financial burden due to regulations stemming from the 2009 Family Smoking Prevention and Tobacco Control Act (TCA).
Currently, premium cigar manufacturers are required to:
- Pay significant FDA user fees (up to 5 cents per cigar) in addition to federal excise taxes.
- Complete the costly Premarket Tobacco Application (PMTA) process, which the FDA estimates can cost up to $400,000 per cigar style—a challenge for small, family-run businesses.
- Navigate ambiguous FDA regulations regarding what constitutes a “premium cigar.”
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The bill follows an August 9, 2023, ruling by Judge Mehta, which provided a clear legal definition of a premium cigar.
Under this ruling, a premium cigar:
✔ Is wrapped in whole tobacco leaf
✔ Contains a 100% leaf tobacco binder
✔ Is handmade or hand-rolled without industrial machinery
✔ Contains no filter, tip, or flavor additives other than tobacco
✔ Weighs more than 6 pounds per 1,000 cigars
By codifying this definition into law, the CIGAR Act aims to prevent regulatory confusion and ensure that premium cigars are treated differently from mass-produced, machine-made tobacco products.
Congressman Donalds emphasized that the bill is about protecting American businesses from unnecessary government overreach.
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