POWER!
Saturday, May 1, 2010 at 5:02AM I have been saying it ever since the FDA was given dominion over tobacco products and now it has happened! The FDA will be posting a notice in June 2010 and then the famous 60 day period for comment, pro and con, will follow. And then, of course, they will implement their regulations!Here, for your edification, is what appeared in the Federal Resgister on 27 April:
147. Σ CIGARS SUBJECT TO THE
FAMILY SMOKING PREVENTION AND
TOBACCO CONTROL ACT
Legal Authority: 21 USC 301 et seq,
The Federal Food, Drug, and Cosmetic
Act; PL 111–31, The Family Smoking
Prevention and Tobacco Control Act
Abstract: The Family Smoking
Prevention and Tobacco Control Act
(the Tobacco Control Act) provides
FDA authority to regulate cigarettes,
cigarette tobacco, roll-your-own
tobacco, and smokeless tobacco.
Section 901 of the Federal Food, Drug,
and Cosmetic Act, as amended by the
Tobacco Control Act, permits FDA to
issue regulations deeming other tobacco
products to be subject to the Tobacco
Control Act. This proposed rule would
deem cigars to be subject to the
Tobacco Control Act and include
provisions to address public health
concerns raised by cigars.
Timetable:
Action Date FR Cite
NPRM 06/00/10
Regulatory Flexibility Analysis
Required: Yes
The “Family Smoking Prevention and Tobacco Control Act” is the law that gave the FDA oversight of tobacco. And they are not required to go back to Congress for any further authority.
It is as I have predicted, and said; some FDA guy got up the other morning and said to himself, “Cigars. Why not cigars.”
By the way, those people in the cigar industry, and there were plenty of them, that said nothing would happen are cretins. They have no idea how government works and what agencies are about.
Agencies such a FDA spend half their time getting more and broader authority. That makes them more important.
POWER!
I’m sure you all know what the Federal Trade Commission is. You see the name in the newspapers when any major merger or acquisition is afoot.
What you probably don’t know is that they have jurisdiction over mail order sales; and now internet sales. The FTC long ago mandated that a buyer could cancel a mail order purchase if it is not shipped in 30 days. The breadth of their authority runs from Mergers & Acquisitions to your order to Cigars International. That’s a pretty broad mandate.
POWER!
It is coming at us in so many states and jurisdictions, it is really frightening. Take this proposal from New York State, to help close their budget gap!!
As part of his $620 million budget gap closing plan, the governor of New York today proposed the following and is asking that the legislature vote on his budget proposal tomorrow on a straight up or down vote. If there is no passage of a budget this week he has asked that the legislature begin 5-day session weeks until there is a resolution.
Tobacco Products/Snuff/Little Cigars Tax (2010-11 Savings: $40 million; 2011-12 Savings: $40 million): The tobacco products tax on chewing tobacco, cigars, pipe tobacco and rolling tobacco would be increased from 46 percent of wholesale price to 90 percent of the wholesale price. The tax on snuff would be raised from $0.90 per ounce to $2.00 per ounce. Little cigars would be taxed consistent with the proposed cigarette excise tax of $3.75 per pack, rather than the current rate of 46 percent of wholesale price.
I intended to focus this column on the battlefields all over the country. These two (2) things took place on the 27th and 28th of April. Oddly enough, it is appropriate that the Federal Government has seized the reins; making all these other idiotic Governors, Mayors and Senators almost immaterial! But it does not bode well for us cigar smokers either way.
Every day states and cities devote themselves to making life difficult for smokers. As if smoking was a major crime and these juridications didn’t have real problems on their hands. So perhaps you’ll take a moment and send an e-mail to your governor or state representative, if you live in one of these states or cities with antidiluvian concepts of what they should be spending their time legislating about.
Instead of focusing on the regulations and taxes we are confronting and going to continue to confront, I’d like to say a few words about the failure of recalcitrant smokers and tobacconists to climb about CRA. Bottom line, you are assholes!
CRA is the best shot we have for the cigar culture to survive. They call it a grassroots organization. The members are the ‘grassroots’ but the organization, to be effective, is a lobbying organization. To lobby you need money. Money talks in Washington and all state capitols.To get money CRA needs members. Members pay annual dues of $35.00/year. Less than 10¢ a day! At 10¢ a day, no one can say, “I can’t afford it,” or “It doesn’t pay to join.”
One day, if you continue to do nothing but sit on your ass at your favourite tobacconist’s lounge and bemoan the restrictions on your freedom to smoke, there will be no smoking in this country! And I will derive no joy in saying “I told you so.”
Splurge and spend the 10¢ a day. Join CRA.
Friday was “Rediscover La Aurora Day,” and the introduction of La Aurora 107. What a great cigar with which to rediscover this remarkable 107 year old company; the first cigar maked in the Dominican Republic.
The events were taking place all over the country with Guillermo Leon appearing at several in-store events, both prior to and after the main event. See the web site www.rediscoverlaaurora.com for details and locations of the events.
I often talk about a cigar ‘having legs’. La Aurora 107 has legs! I’ve smoked them down to the nub. I often wish I had a roach clip with me, but it’s been years since I owned one, much less carried one. And then, I want to smoke another one!
On Friday you could get yourself a free La Aurora 107 at your local tobacconist when you buy any cigar you want, made by anyone. If you had wanted a great twofer; you could have selected, as the cigar you purchased a Nestor Miranda Collection Dominicano Ruky, and get that La Aurora 107 free. Like a great two horse parlay, only here you would have been a sure winner.
Those damned La Flor Dominicana Air Benders are hard to find. I suppose that’s a good thing for La Flor Dominicana. But, it looks like I’ll have to call Litto Gomez and cadge a box from him.
Another terrific cigar from LFD. Congratulations, Litto!
Michael Herklots, General Manager of the Madison Avenue Davidoff and the Time Warner Center Davidoff (both in Manhattan), according to a magazine who’s title I have forgotten (perhaps GQ or Esquire), has named Michael one of the top 10 best dressed men in America.
I congratulate my friend, Michael, albeit his style is a little too eclectic for me, but he is able to pull it off.
Tobacconist University (www.tobacconistuniversity.org) just keeps growing like Topsy. This afternoon I was at a meeting at Miami Cigar & Company and Rene Castaneda was administering the test to be a Certified Retail Tobacconist to a chap associated with Smoke on the Water in Weston, FL (1630 Bell Tower Lane, Weston, FL – 954.217.1994).
I’ve congratulated Jorge Armentiros, TU founder and President, in person and in this column before. I think those congratulations are worth reiterating, because we all benefit from Jorge’s effort and work to professionalize the proprietors and employees of tobacconists.
I myself am a CHT...Certified Honorary Tobacconist, and believe me; I was surprised and overwhelmed when I was presented with the certificate.
In heaping praise, in my last column, on the Jaime Garcia Reserva Especial, I neglected to mention some details. The blend includes Nicaraguan (the Garcias play it close to the vest. I couldn’t get anything else out of them than “Nicaraguan”) filler and binder and the wrapper is a Connecticut Broadleaf – and, yes, it is grown in Connecticut. The magnificent, enjoyable cigar is available in the following vitolas: Petite Robusto (4.50 x 50), Toro Grande (6 x 60), Toro (6 x 54), Robusto (5.25 x 52), Belicoso (5.50 x 52).
The last word I had was that they were shipping from Nicaragua the week of 19 April, so, by the time you read this they should be in fairly wide distribution.
I just returned from a terrific event at the Miami City Club (formerly The Havana Club, formerly The Miami City Club), hosted by Cuban Crafters (3604 NW 7th Street, Miami, FL 33125 – 305.573.0222 – www.cubancrafters.com) to introduce their new Medina 1952 Habano Edition. The club’s major asset is its 55th floor location downtown in the Wachovia Center. The view of Miami and environs is awesome. I think, on a clear day, one could see Cuba.
The event was terrific, with a fashion show, of men’s and women’s fashions, staged by Miami’s own, Berta Bravo – “The Guaybera Lady (www.theguyaberalady.com),” along with an art exhibition by The Artist – Sauma. That, and the terrific cigars produced by Cuban Crafters at their facility in Estelí, Nicaragua, made for a delightful evening.
It was a pleasure to see Jorge L. Salazar, former Florida State Senator Al Gutman and Miguel Freire, all from Cuban Crafters. Miguel manages retail sales at the store and runs the humidor (and Lord knows what else), and he’s a charming, self-effacing guy that knows his onions. Oh, he also knows his cigars.
I also bumped into my pal Joaquin Saladrigas, who represents My Father Cigar Company (the Garcia family) in the Florida. And then, I saw and greeted Miguel Cuenca and his better half (and in this case, nothing is truer than “better half.”) Ana – owners of the terrific Cuenca Cigars (1928 Harrison Avenue, Hollywood, FL330020 – 866.417.9454 –www.cuencacigars.com). It’s a cozy, compact shop with a great deal of warmth, provided by Ana. I’ve told you before – don’t ever play dominos with Miguel.
It was a terrific evening that began at 7:00 PM…I spent an enjoyable three and a half hours, smoking, eating, drinking all the while engaged in conversation. My friend Chad Sunderland showed up, at my instigation, and we spent time catching up and having a couple of drinks. I left at 10:30, fully satisfied that it was worth the time. Oh, and I smoked three of the Cuban Crafter Medina 1952s.
The Medina 1952 Habano Edition has a sun grown Nigaraguan Habano wrapper and comes in these sizes:
Churchill (7 x 50) $174.99/Box
Torpedo (6.5 x 52) 219.99/Box
Robusto (5 x 50) 189.99/Box
Lancero (7.5 x 38) 204.99/Box
If you don’t find them at your local tobacconists, try www.cubancrafters.com
I’m writing this on Wednesday evening, 28 April. It’s now 11:20 PM. I think I’m going to smoke my last cigar of the day and light up a San Cristobal del Sol belicoso. If you haven’t smoked them you’re missing something rather terrific! It is marketed by Holt’s and is made by…who else but Pepin Garcia and family! Try one.
As it stands now, I think I’ll be going up to Sabor Havana of Palm Beach (4530 PGA Boulevard, Palm Beach Gardens, FL 33418 – 561.626.6700 – www.saborhavana.com) to catch the La Aurora 107 event tomorrow. I’ll be happy to see Guillermo, who I haven’t seen since February, when I was at Pro Cigar Festival 2010.
Sabor Havana in Doral, FL is one of my favourite hang outs; and I always enjoy a visit to the Palm Beach shop. Granted, I don’t get there very often.
This and that…there are some changes afoot at a Florida based company that markets some very popular boutique cigar brands. More of that when I am permitted to speak!
David Levy, formerly President of Mederos Cigars, has apparently joined Cigar Snob magazine…doing what, I don’t know. Is it a step up?
Swedish Match & Scandanavian Tobacco Group has completed the agreements on the new company they are forming for their Premium Cigars. No name yet, but they have announced who the officers will be. Frankly, I am surprised Dan Carr wasn’t selected as President. He did a lot of work on it. And, he is the industry's only Harvard MBA.
La Aurora has selected a group of cigar bloggers, each with a considerable following, and has invited them to the Dominican Republic for a visit to the La Aurora factory. I know most of them and they’re great guys; who will really rediscover La Aurora! There is hardly anyone I know, in the cigar industry, who is as hospitable as Guillermo Leon.
It’s 12:30 AM. I think I’m going to get some sleep. Besides my San Cristobal is impossible to hold now!
An unknown Englishman once said, "Blessed be the man who invented smoking, the soother and comforter of a troubled spirit, allayer of angry passions, a comfort under loss of breakfast, and to the roamer of desolate places, the solitary wayfarer through life, serving for wife, children, and friends."
Reader Comments (1)
as usual and coming from you, a great reading of reality. you are so right about us not doing anything to prevent was going on. for now on, I will be an ambassador from CRA....will take personal care to talk to customers about it. sorry if it took so long.
it was also a pleasure to have some QT (LOL, I know you don't like this synthetic expressions) but it was nice and truly enjoyed the new Medina 1952 Habano Edition Churchill I smoked that night. Cuban Crafters, The Guayabera Lady and Emilio Sauma hit it again. Congrats fellows.