Politicians are not the pipe smokers friend.

The three largest cigar trade groups are asking Congress for help.



A letter from the Cigar Association of America (CAA), Cigar Rights of America (CRA) and International Premium Cigar and Pipe Retailers Association (IPCPR) asks Congress to consider the inclusion of two different pieces of language into the upcoming omnibus funding bill that would ease the burden of regulation of the industry by the U.S. Food & Drug Administration (FDA).



As explained in more detail here, the omnibus is a single bill that contains vital government spending bills. Historically, those bills would be passed individually, but in recent years divisions in Congress have meant that government funding has largely been dictated by the single omnibus bill.



Last year, language was included in a bill that passed the House of Representatives that would have done two separate things:



1. FDA would no longer regulate “premium cigars.” This covers most cigars you see in a humidor, you can see the definition here.



2. FDA would change the predicate date, also known as the grandfather date, from Feb. 15, 2007 to Aug. 8, 2016, the latter of which is the date the legislation went into effect. This would affect all deemed products: cigars, pipe tobacco, e-cigarettes, hookah and others.



Now, the three groups are hoping the language makes it into the final version of the bill.



A joint letter from the groups—the same three organizations that are suing FDA in a Washington D.C. court—reads as follows:



To Whom It May Concern:

On behalf of the International Premium Cigar and Pipe Retailers (IPCPR), Cigar Rights of America (CRA), and the Cigar Association of America (CAA), we wish to express our collective support for consideration and inclusion of both cigar provisions: section 752 (premium cigar exemption) and section 753 (predicate language) in the Omnibus package (H.R.3354).

IPCPR, CRA, and CAA endorse both provisions and we urge they should be considered equally but separately and on their own merits as final decisions are made on the FY 2018 spending package.

As negotiations come down to the wire on a spending package, we greatly appreciate your support in protecting the future of cigars from FDA over regulation.

We cannot stress enough to you the importance of this language and how it would protect the cigar industry and the tens of thousands of American jobs that comprise our industry.

Thank you for your consideration of these important provisions.

J. Glynn Loope Executive Director, CRA

Ken P. Neumann President, IPCPR

Craig P. Williamson President, CAA



The omnibus is expected to be unveiled as early as tonight and pass by Friday night, which is when the government runs out of funding.

Congressional leaders have reached a consensus on a $1.3 trillion spending package, and Cigar Aficionado has learned that a bill to exempt premium cigars from FDA regulation was not included in the final version.



Variations of the cigar-exemption bill have been introduced in both the U.S. House and Senate in past years, but they have never passed. During this most recent round of budget talks, the bill was folded in as a rider and included language that would have blocked the FDA from using any of its funding to regulate “traditional large and premium cigars.”



Facing a Friday deadline to avoid yet another government shutdown, talks between Republicans and Democrats heated up in the past few days as the two parties attempted to come to an agreement on what riders should be included in the final spending package. According to sources, the cigar-exemption language was one of the final riders to be cut.



“We are extremely disappointed that the bill to exempt premium cigars from FDA regulation was not included in the final omnibus budget package released today,” said Drew Newman, general counsel of J.C. Newman Cigar Co. “When Congress adopted the Tobacco Control Act in 2009, it never intended for premium, handcrafted cigar companies like ours to be regulated out of business—but that is exactly what the costly and overbearing requirements of FDA regulation threaten to do.”



While the bill has not officially been released, the White House has announced its support.



“Although we are disheartened today, we remain optimistic that the premium cigar industry will ultimately obtain relief—through legislation, litigation, or regulation—from the crippling components of FDA regulation,” said Newman.