Fall 2020 PCA Magazine

44 PCA The Magazine | AUTUMN 2020 PREMIUMCIGARS.ORG critical to our success in educating policymakers on the specific nuances of the premium cigar issues and why the industry deserves to be treated separately from cigarettes and vape. WHILE ON THE COUNTDOWN to the Substantial Equivalence deadline, the PCA conducted over a dozen meetings in the White House and was able to get a working group in the executive office dedicated to the premium cigar issue. The White House aided the industry by applying pressure on the FDA, which also helped with the court decision. IN FEBRUARY, THE PCA conducted its inaugural PCA Policy Summit, held at the Capitol, which brought together retailers and manufacturers together with U.S. representatives, senators, Hill staffers and administration officials. IN ADDITION TO FEDERAL outreach, the PCA tracked and monitored more than 1,000 state and municipal bills, ordinances and statutes that could potentially impact premium retailers and/or manufacturers. PCA LAUNCHED 13 grassroots campaigns producing 6,500 messages to policymakers to defend small businesses against regulatory overreach, resulting in: – Defeating a tax increase in Tennessee – Defeating a tax increase in Georgia – Defeating and amending a vague “flavor ban” in California that would have made premium cigars and pipe tobacco illegal by de facto; we achieved exemption for premium cigars and pipe tobacco – Amending legislation in New Jersey to exempt premium tobacconists from a requirement to sell smoking- cessation products made for people to quit cigarettes – Achieving tax cap extension in Michigan with no sunset provision WITH THE LOOMING DELUGE of state taxes and regulatory burdens on the horizon, the PCA launched state advocacy training programs in September to strengthen and enhance our coordination with local tobacconists to be more proactive in our battles against tax increases and smoking bans. Training sessions were held in 25 states. THANKS TO PCA RETAILER donations and consumer fundraising events, the PCA raised over $20,000 for the Legal Defense Fund to help fight for premium cigars. Member Services COVID-19 AS RETAILERS across the country were forced to close their doors due to the pandemic, the PCA was proactive in providing resources for retailers and in connecting with the Small Business Administration (SBA) and other experts to provide resources for retailers. PCA created a COVID hub as a resource center that provided: – Guide to Economic Recovery for Small Businesses – Guide to Reopening and health/ 2 0 2 0 Y E A R I N R E V I E W PCA LEGAL CONTINUED ON AUG. 19, 2020 the U.S. District Court for the District of Columbia ruled in favor for the premium cigar industry and against the FDA. The Court held that the FDA—in the Final Deeming Rule—completely mishandled the important question of how premium cigars should proceed through the premarket review process. The Court concluded that the FDA failed to engage in “reasoned decision-making” regarding premium cigars, in violation of federal law. According to the Court, the FDA’s “incorrect and conclusory assertion that its hands were tied” in response to the premium cigar industry’s requests for a more tailored regulatory review process “was arbitrary.” This decision saved the industry upward of $500 million. PCA Advocacy THE PCA held over 250 meetings with policymakers in Congress and in the administration (both in-person and virtual). These meetings have been