• Hi Guest - Come check out all of the new CP Merch Shop! Now you can support CigarPass buy purchasing hats, apparel, and more...
    Click here to visit! here...

Maybe the second time will be the charm... new legislation to keep the FDA out of our cigars.

Sounds like there is one already being lined up in Florida that will challenge parts of this ruling. Honestly our biggest problem is that the FDA does have legs to stand on when it comes to the regulation of e-vapor crap. Hard to argue with them when who knows what is in that stuff and when it's clearly being marketed and used by kids. It sucks to be lumped together with them. Separating the two really does require Congress to act and in the end the President to sign. The only thing I see the lawsuits doing is delaying implementation of parts of this. But who knows, maybe the boutique market will still exist a few years from now. So smoke'm while you can still get 'em.
 
MNBrian said:
Can anyone explain what they mean when discussing how online sales would be somehow impacted?
.
Click to expand...
It's not overseas internet sales, but rather it's about being able to order cigars from domestic vendors. Ordering overseas will still be technically illegal if the cigar is banned (CCs or non approved FDA cigars) or if the importer didn't pay tariff and/or other taxes. The question is whether you can buy cigars online from legal domestic sources like Famous Smokes or Jack Schwartz, ex. This is where the FDA is on shaky ground given all of the case law retaining to being able to buy and ship other regulated items such as alcohol and prescription drugs. Just because it's regulated doesn't mean you can't buy and have it shipped. Although they can enforce that the vendor has to be able to certify that the buyer is of age. That just means getting UPS to confirm age of the signer. Same as with alcohol sales.

So for illegal imports it may be business as usual. Or it may mean stiffer penalties for getting caught.
 
Halfwheel posted an interesting update today comparing the draft that FDA submitted to OMB versus the final regs. While it doesn't change a thing about the regs that were enacted, it does give some insight to what the FDA ultimately wants to do. This mostly deals with how flavored cigars will be regulated, which doesn't really concern most of us. But still, an interesting read.

http://halfwheel.com/omb-changes-removed-flavored-tobacco-restrictions-from-fda-rule/116809
 
Good for Enrique. About time someone did something.

I definitely need to try 1502s now.
 
MichaelD said:
And let the lawsuits begin!!

http://halfwheel.com/global-premium-cigars-files-lawsuit-against-fda/116833
Click to expand...

I have a copy of the full complaint. If anyone wants to take a look at it then just hit me up and I will send it your way. Global Premium does a pretty good job in presenting the issues. The First Amendment claim advancing the theory that warning labels take away from legitimately protected cigar box art is a good one. That's a nice little twist and a good second bite at the apple. The other issues like the arbitrary 2007 date are well covered.

The case is assigned to Judge Darrin P. Gayles in Miami. He's been on the federal bench for less than two years so there is not much of a track record to measure how he views federal regulatory matters. From what I can tell in the limited stuff that is available about him and about his work record, he seems to be a good judge to have the case.
 
Looks like there's a good chance there'll will be plenty of Grape White Owls available. Been thinking about hoarding some.

:D
 
In something of a common thread, Judge Gayles is also the sitting judge on a case brought by the USA against Puros Indios Cigars. The government alleges that Puros Indios failed to report quite a bit of the tobacco that they imported so that they failed to pay the associated fees and taxes...well, the amount is $16,000 or so worth or tobacco assessments. And the government put some massive civil penalties on the assessment. (Nearly $400,000 of civil penalties if you are keeping score at home.) Puros Indios has filed a really weird motion to dismiss...long boring law crap...so that will be reviewed soon.

So, I guess that being in Miami does lead to a federal judge having quite a few cases arising out of the cigar industry. Hopefully Puros Indios will present themselves well in this case so there is no lingering thought in the judge's mind about shady cigar manufacturers. We don't want Judge Gayles taking a dim view of the industry. But I guess this explains why Puros Indios are so darn cheap...
 
You must log in or register to reply here.
Top