HR2111-119

What This Bill Does

This bill exempts premium cigars from certain FDA tobacco regulation by changing the statutory definition of tobacco product. Findings state that premium cigars are a small share of the cigar market, many manufacturers are family-owned small businesses, sales typically occur in age-controlled settings such as cigar shops and cigar bars, and a 2022 National Academies report identified premium cigar use patterns including low youth use. The operative provision says the term tobacco product does not mean a premium cigar. A premium cigar must be wrapped in whole tobacco leaf, use a 100 percent leaf tobacco binder, contain at least 50 percent long-filler tobacco by filler weight, be handmade or hand rolled without machinery other than simple tools, have no filter or non-tobacco mouthpiece, have no characterizing flavor other than tobacco, contain only tobacco, water, and vegetable gum, and weigh more than six pounds per thousand units.

Who Benefits and How

Premium cigar manufacturers benefit because qualifying products would no longer be treated as tobacco products under the federal definition. Family-owned cigar businesses benefit from reduced FDA regulatory exposure for hand-rolled premium cigars. Cigar specialty shops benefit if premium cigar sales face fewer federal tobacco-product restrictions. Adult premium cigar consumers benefit from potentially broader availability of qualifying products.

Who Bears the Burden and How

FDA tobacco regulators lose authority over cigars meeting the premium cigar definition. Public health advocates focused on tobacco regulation lose federal coverage for a category of cigar products. Cigar manufacturers must ensure products meet the whole-leaf, long-filler, handmade, no-filter, no-flavor, tobacco-only, and weight criteria. Retailers must distinguish qualifying premium cigars from other cigar products that remain regulated.

Key Provisions

• Excludes premium cigars from the FDCA tobacco product definition.
• Requires whole tobacco leaf wrapping, 100 percent leaf tobacco binder, and at least 50 percent long filler tobacco.
• Requires handmade or hand-rolled production with no filter, non-tobacco mouthpiece, or characterizing flavor other than tobacco.
• Requires only tobacco, water, and vegetable gum ingredients and weight above six pounds per thousand units.