Author: CigarCraig

IPCPR, CAA & CAA File Lawsuit Against FDA Today

I don’t usually post press releases, but I thought this one was important enough to pass along. Posted from my phone, so pardon the formatting. 
Three major cigar and tobacco industry associations file suit against FDA’s deeming rule
CAA, IPCPR, & CRA ask District Court of Washington D.C. for declaratory injunction 
For Immediate Release: July 15, 2016
WASHINGTON D.C. – The three major cigar and tobacco industry associations filed suit Thursday against the United States Food and Drug Administration’s “Deeming Rule.” The Cigar Association of America, International Premium Cigar and Pipe Retailers Association, and the Cigar Rights of America are asking the District Court for the District of Columbia for a declaratory injunction “vacate, set aside and enjoin the enforcement of the final rule” because it is violates numerous federal statutes as well as the federal rulemaking process. A full copy of the filing, which details nine counts against the FDA and the United States Department of Health and Human Services, can be found here.
“Just over one month ago, our three associations pledged to work together to develop the appropriate response to the FDA’s new deeming rule. After a thorough and detailed legal review, we are challenging this unlawful regulatory action in federal court to protect the statutory and constitutional rights of our industry and its members. The fact that all three of our organizations are acting in one voice speaks to the urgency and seriousness of this action,” said Mark Pursell, CEO of the International Premium Cigar and Pipe Retailers Association.
The complaint challenges:

  • FDA’s improper application of the February 15, 2007 grandfather date to cigars and pipe tobacco, which subjects those products to more intrusive regulations than cigarettes and smokeless tobacco
  • FDA’s impermissible assessment of a tax in the form of user fees, and its allocation of these user fees only to cigars and pipe tobacco and not to other newly deemed products
  • FDA’s failure to perform an adequate cost-benefit analysis to take into account the effects of the Final Rule on small businesses as is required by the Regulatory Flexibility Act
  • FDA’s unjustified decision to require cigar health warning labels to be 30% of the two principal display panels of packages
  • FDA’s unlawful designation of tobacconists who blend finished pipe tobacco or create cigar samplers of finished cigars as “manufacturers,” which subjects those businesses to greater regulation than if they were “retailers”
  • FDA’s incorrect decision to regulate pipes as “components” or “parts” rather than as “accessories”
  • “The FDA ignored the law to craft these expansive and sweeping regulations and cannot justify many of the arbitrary and capricious regulations it purports to enact,” said Glynn Loope, Executive Director of Cigar Rights of America. “This lawsuit is a specific and detailed challenge to the FDA’s unprecedented assertion of rulemaking authority. “We are acting in one voice to protect the legal rights of our industry at all levels, from the manufacturer, the community retail tobacconist, to the adult patrons of cigars.”

Speaking about the lawsuit, Cigar Association of America President Craig Williamson said, “We all worked in good faith to inform and educate the FDA on the unique nature of our industry, its members and our consumers. We hoped the FDA would craft a flexible regulatory structure that accounted for the uniqueness of our industry. Instead, we got a broad, one-size-fits-all rule that fails to account for how cigars and premium cigars are manufactured, distributed, sold and consumed in the United States. The FDA exceeded its statutory authority and violated the federal rulemaking process when crafting this set of broad and sweeping regulations. This challenge asserts nine violations of federal law and rulemaking authority. We are asking the court to enjoin the enforcement of this unlawful regulatory scheme. We are confident that when the court reviews our case on its merits, we will prevail.”
Thanks to the CAA, IPCPR and CRA for their efforts to save the premium cigar industry. 
Until the next time,
CigarCraig

Advertisements

A New Home For CigarCraig’s Blog!

Please visit my new CigarCraig blog at http://www.cigarcraig.com

 

I will be posting the winner of the current contest there later today.  Please change your bookmarks and I’m still working on a way to allow e-mail subscriptions!  In the meantime follow me on Twitter @cigarcraig, where I have it set up to tweet when I post a new article!   Thanks for your continued support!

Until the next cigar,

CigarCraig

www.CigarCraig.com

Take a Cigar for a Walk (in the Snow) – Wednesday, Feb 10, 2010

Here in South-Eastern Pennsylvania we rarely get more than a foot of snow at a time, let alone three storms in a season.  Today we got about 20″ on top of the 24″ or so we received on Saturday!    After spending the day going in and out trying in vain to keep ahead of the mounting snow, I realized I needed to take my walk to the local convenience store to pick up a Powerball ticket!  I had pulled a Chateau Real Maduro Gran Cru out to give to the snowplow guy when I saw him, but when he didn’t come around again I decided it was too much trouble to put it away.  I love these cigars, they have enough flavor and are constructed well enough to withstand the blizzard.  It was so good that I hung out on the porch for a few minutes after getting home to finish it off. Incidentally, I used my Drew Estate cutter on this cigar and got a perfect cut.  Remember to leave me a comment on Monday’s Blog posting for a chance to win one yourself! 

I have been contemplating making some website changes and moving this blog to a WordPress blog hosted on the CigarCraig.com server.  Have a look at the beta version at http://www.cigarcraig.com/blog/ and let me know what you think.  If anyone has any advice on how I can put an E-mail subscription on there I sure would appreciate it.  I have some other minor concerns, but that is the one item that is keeping me from taking it live.

That’s it for now!  I’m REALLY looking forward to spring!

Until the next cigar,

CigarCraig

Monday Cigar Ramblings – January 8, 2010

I think I left my ashtray on the picnic table...

Two feet of snow here in southeastern PA kind of got me off of my schedule.  To add insult to injury, they are predicting another 12″ to 18″ on Wednesday!  I don’t know where we are going to put it.

Here’s my winter smoking strategy:  Since conditions aren’t right for enjoying a premium cigar, I like having some more pedestrian cigars on hand for taking my walks in the cold weather, or shoveling or even just standing around outside.  This week I dug out some old cigars that may not have been great when they were new, but age hasn’t hurt them.  I smoked a couple of unbanded cigars and a JR Alternative that was given to me in a mixed bag of cigars when my bother-in-law gave up cigars years ago.  I’m suspecting all of these were around 10 years old.  They all burned well and tasted well aged, smooth and mellow, but enough flavor to be satisfying even out in the cold.  I hate to smoke a really good cigar under these circumstances.  One exception to this was a Hatuey Double Wrap 5 x 50 that I enjoyed while hanging out outside watching a friend work on one of our cars.  I had the propane heater out there and it was before the snow.  This cigar was a barber-pole cigar with  Connecticut shade and Connecticut broad-leaf wrappers that was very nice.  I really couldn’t taste any difference in the two wrappers but the overall flavor was good.  I look forward to better circumstances to enjoy the second one I have in my humidor.  I haven’t smoked that many barber-pole cigars, and, apart from the visual appeal, I don’t really see the point.  Because it’s a spiral, the wrappers have to blend together.  If it was striped, you could probably discern a flavor difference.  Feel free to let me know your opinions on this style of cigar.

In the “new inmates in the humidor” department, I received an incredible package this week from my friend Jason.  Quite a few cigars that I haven’t had a chance to try.  A veritable cornucopia of cigar goodness!   I look forward to spring and summer when I can relax on the deck to enjoy these!  Thanks Jason!

Tickets went on sale for Cigarfest this morning, but I over-slept and by 8 am they were sold out.  I’m still on the fence as to whether this event is a good value for me.

It’s February contest time! Up for grabs this month is a really cool Drew Estates cigar cutter.  I’ve been using one for the past few months and really like it.  It’s closed on one side so you can’t over cut your cigars.  I am in the habit of placing my cutter on a flat surface and standing my cigar up to cut it. This cutter removes the need to find a flat surface.  Anyway, leave a comment here to enter and I’ll select a winner in the usual manner.  I’ll make the selection and post the winner on or after Sunday, Feb 14, 2010.

Remember, you can subscribed to this blog and receive an e-mail each and every time I post a new article!

Until the next cigar,

CigarCraig

Italian Night – Wednesday, Feb. 3, 2010

After dinner we were flipping through the channels and came across the Pennsylvania Cable Network’s PCN Tours show featuring the Avanti cigar factory in Scranton, PA.  The PCN Tours show is an hour-long, very simple, tour of manufacturing facilities in Pennsylvania.  DVDs are available for purchase on the PCNTV.com website.  The tour was given by Avanti Cigar Company President Don Keating.  It was interesting to  see how this 100-year-old company uses machinery and techniques that are unchanged in at least 50 years.  They make thousands of Italian style cigars every day and they age them for quite a while before they are packaged and shipped.  This company really prides themselves on creating a high quality and consistent cigar.   Ironically, my wife and her father came home with baked goods from Termini Bros today.  After devouring a delicious biscotti and a cannoli, I ran out to the drugstore and picked up a pack of Avantis.  I’ve smoked plenty of  Toscano cigars, I had some Antico Toscanos from Italy years ago and enjoyed them.  Typically they are rugged cigars, often called cheroots, or  stogies.  Nothing subtle about them either and since they are dry cured, they keep for ever.

I am also a fan of black licorice.  The Avanti’s dominant flavor is anise, smoking on is like eating a package of black Twizzlers.  The PCN Tour show showed them painting the cigars with anise liqueur, and they load it on.  I was surprised at how long this little ugly cigar lasted, it was about a 45 minute smoke. This was an interesting change of pace, and I will enjoy these from time to time, and they have fewer calories than a box of Good ‘n Plentys!

Sunday I took a walk to pick up my car and smoked a 10-year-old Dominican cigar that was from E-Stix.com, an internet reseller from the ’90s which is, sadly, no longer operating.  It was actually a tasty cigar, it held up well after all these years.  It was a Churchill sized cigar that lasted the entire 3 mile walk.

Enough for now!  Until the next cigar,

CigarCraig

Saturday Cigar Ramblings – Jan 30, 2010

The outside temperature has gone from tolerable in the beginning of the week to frigid.  Wednesday evening I managed to take a Vegas Robaina Famosos for a walk.  Several years old, this hermoso (5″ x 48) was the perfect size for the occasion.  It burned well and tasted great!  I was sorry when I had to put it down.

In the Cigar  Media:

I saw an article on Cigar Aficionado by James Suckling regarding Cuba’s Best Market.  The article throws some numbers around regarding the number of Cuban cigars that are sold in the US, ranging from 20 million to 50 million (with 50 million representing one third of Habanos S.A.’s annual production).  I think that when the embargo is eventually lifted there will be such a huge rush on Cuban cigars that the quality will be terrible, and the rest of the world will be mad at us for smoking up all their cigars!  Cuban cigar hungry Americans will stampede to their local cigar store to try what has been unavailable here for almost 50 years.  There will be abundant fakes and what are legitimate will be mistreated.  I don’t look forward to that day.  While I enjoy the occasional Havana cigar (I like the flavor of them) I don’t think they are better than many cigars currently available.  We are in a time when there are such great cigars being made outside of Cuba that there is room for all of them in the market.

Camacho Cigar‘s website posted some pictures of an event where the inimitable Pauly Shore was spotted with a box of Liberty’s.   Click  here for the pics.  I have been a Camacho fan myself for many years, going back to the first one I had in 1996.

Cigars One to One podcast on Cigarmedia.tv featured Andre Farkas of Viaje Cigars, which were featured on last week’s Dogwatch Cigar Radio podcast.  This sounds like an interesting cigar to try, especially the 50/50 which is blended to be, from the way I understand it, two separate blends which transition from one to the other midway through the smoke.  It just sounds like it would be interesting to try.

A Lehigh Valley TV news outlet reports that Cigars International is opening their new headquarters in Bethlehem, PA on the site of the old Bethlehem Steel.   CI says there will be 50 jobs created.  I hope the state of Pennsylvania realizes that if they had gone through with their proposed tax on cigars this wouldn’t have happened and CI would have moved their operation to Florida.  In related news, CI’s Cigarfest tickets go on sale Monday, February 8.  I have never attended this event, but I’m considering it this year.  If anyone has gone in the past and can tell me about it, please leave a comment or e-mail me. If you’re going this year, please let me know so we can meet up!  Obviously I’m always looking for  new cigar-ventures and this looks like a good one.

Cigar Rights of America reported this week that the Governor of Massachusetts is recommending a tax increase on cigars from the already punitive 30% to 110%. What are people thinking when they suggest such things?  That people are just going to roll over and accept it?  Obviously they aren’t thinking that people are going to buy from out of state and that businesses are going to close and people are going to be unemployed and the state will lose ALL of the taxes instead of increasing their revenue.   Stupid, Stupid, Stupid.  If you haven’t already, please consider joining the CRA to help protect our rights.

Well, that’s all I can manage to go on about right now.  Thanks to everyone for reading and remember that you can subscribe to this blog and receive updates in your inbox!

Until the next cigar,

CigarCraig

Sunday Cigar Ramblings – Jan 23, 2010

Saturday night I had the opportunity to go to a local watering hole, Williams Downingtown Hotel,  to see my  friend Greg play with his band, Now and Then.  One of the great things about this venue, and I believe I’ve mentioned it here before, is that it allows smoking!  The fact that it is a stone’s throw from home helps too. Now and Then is a trio of highly talented  musicians who play a mix of music, ironically, from now….and then!  They do a great job with a selection of classic rock and newer rock.  As a drummer myself (retired), I always enjoy great live music, and these guys ROCK.  I lit up a Chateau Real Gran Cru Perfecto maduro to start the evening.  I usually let new arrivals sit for a while, but these just looked so good, and they are!  medium bodied with a nice coffee/cocoa flavor.  I brought one of these for Greg also, who joined me between sets and very happily lit it up and seemed to enjoy it.  Greg and I went to high school together, and when we reconnected last year we found that we share the love of cigars.  Our schedules have prevented us from actually getting together for a smoke, so it was great to finally be able to catch up over a cigar.  Thanks to Greg  for giving CigarCraig.com a shout-out! I should have left you a lighter in case that cigar went out again!

Greg asked me a question last night that I didn’t get a chance to answer, so I figure this is a great place to address the question.  The question was regarding hygrometers, digital versus analog, and calibrating them.  Let me speak to calibration first:  Most of us probably don’t  want to actually change the calibration of our hygrometer, especially if it’s digital.  We want to get an idea how far it’s off so we can make a mental correction (or, if you’re like me, you write the variance on the unit so you don’t forget).

Humifiers and hygrometers out of 2 different humidors.

Here’s a simple way to test your hygrometer:  Take a small container like a bottle cap, and fill it with salt. Make the salt damp with water (don’t soak the salt completely). Place the wet salt and your hygrometer in a ziploc bag, or an airtight container and leave for 8 hours. Your hygrometer should read 75%.

I’m old fashioned. I still use florist foam based humidifiers in my humidor and cooler.  I have an old Radio Shack digital hygrometer and an analog thermometer/hygrometer that I got at a hardware store.  I rarely look at them, and rely on feel and how my cigars smoke to give me an indication as to whether I need to pay attention to my humidity sources.  I also have had a little bottle of propylene glycol for about 10 years, but my gallon of distilled water is starting to get low.  In addition to being old-fashioned, I’m also lazy.  The latest technological advancement in humidification is the polymer beads. You can get these in pre-set humidity levels and they seem really simple to use.  You can physically tell by the volume in the container when they need distilled water added.  I haven’t gotten around to trying these yet, but Heartfelt Industries seems to be a credible source for these.

If your humidity gets too high, a simple trick I’ve used is placing a container of dry white rice in your humidor.  Rice is a great desiccant, although, now that I think about it, aren’t rice producing areas usually really wet and humid?  Ironic, isn’t it?

Obviously this isn’t new or original information, but just some of my experience over the last 14 years of keeping cigars.   Cigars want to be kept in a reasonably damp environment, 65% relative humidity works for me, and they want to be at a comfortable temperature, too warm and you risk insect problems, which is another post all together.  Other than that, it isn’t rocket surgery.  I hope this information is of value to someone.

Congratulations again to our January contest winner, DJ from Boston.  Make sure you check out yesterday’s post and see the video of the selection process.

Until the next cigar,

CigarCraig