PCA Magazine Winter 2020

12 PCA The Magazine | WINTER 2020 PREMIUMCIGARS.ORG News + Notes N E W S + N O T E S District Court Judge Throws Out Warning Labels for Premium Cigars In February, United States District Court Judge Amit Mehta threw out the warning requirements for premium cigars contending that the FDA did not properly analyze the different usage patterns between premium cigars. The Court pointed to evidence that “premium cigars have different usage patterns than other cigar and tobacco products, they are almost never used by youth, and they are instead used by older, higher income and better educated consumers.” According to the Court, the FDA did not adequately deal with this evidence when it imposed 30 percent health warnings on premium cigars. The opinion vacates the labeling requirements for premium cigars and remands a portion of the rule for further analysis by the Food and Drug Administration (FDA). PCA Joins Coalition of Retail Groups Seeking Clarification on T21 Implementation PCA joined a coalition of retail groups seeking clarification on the implementation of the tobacco sales purchasing age. The letter signed by PCA along with the Food Marketing Institute, National Association of Convivence Stores, National Association of Truckstop Operators, National Grocers Association, Petroleum Marketers Association of America, and Society of Independent Gasoline Marketers of America seeks additional guidance from the FDA. The letter, submitted on Friday and directed to Mitch Zeller, director for the Center for Tobacco Products, notes: “To date, a three-sentence note on the FDA website is the only communication on Tobacco 21 our retail members have seen from the agency. That note does not even appear on the home pages of the FDA or the Center for Tobacco Products. As such, retailers of tobacco products across the United States face significant confusion about the transition to age 21, requirements for compliance, and enforcement efforts. While some states have clarified that they will not enforce the new age restrictions until receiving implementing regulations from [the] FDA, others have indicated they will pursue enforcement now. This is particularly confusing for retailers who operate in multiple states.” The FDA has not provided any additional details or public awareness materials to date despite requests from industry stakeholders. “The FDA needs to step up and provide more information to manufacturers, retailers and consumers on Tobacco 21. The immediate action to require T21 compliance without any guidance has confused everyone in the industry including state and local authorities,” says Joshua Habursky, PCA’s director of federal affairs. PCA will continue to work with retailers on Tobacco 21 compliance at both federal and state levels.