Skip to comments.Take Your Stinking Paws Off My Cigars, You Dirty Bureaucrats
Posted on 05/06/2014 9:03:32 AM PDT by Kaslin
For reasons passing understanding, the FDA announced recently that it was moving forward with invoking its authority to regulate cigars, along with other forms of tobacco.
Its a part of the Tobacco Control Act, signed into law in 2009, which gave the agency the option of casting its net down on cigars at the time of its choosing. In other words it was only a matter of time before bureaucrats decided to be bureaucrats.
Its not set into stone, yet. Between now and July 9 the FDA will accept comments on its proposals, at which point it will the move forward with more regulations.
As someone who enjoys a stogie, Im annoyed. As someone who thinks less is more when it comes to government red tape, Im incensed. These new regulations amount to little more than higher costs that consumers will be saddled with the brunt of, all for benefits that reach nominal status at best.
What do they have in mind, exactly?
There are several potential avenues. The first would require all cigars made and introduced since February 2007 to be approved by the FDA. Because bureaucracy, timeliness, and efficiency. A second option would be proving that a new product matches the fitness of those produced before the starting date.
Cigar aficionados have noted that it should be easy, but if the FDAs other dealings with tobacco offer an example, it wont be. Some 4,000 applications for tobacco products under the agencys jurisdiction have been submitted since the Tobacco Control Acts passage, only 34 have gotten a ruling one way or the other.
Post-advocacy efforts, theyve offered what appears an olive branch at surface level. As is often typical of the federal government, its anything but.
The exemption is directed the way of premium cigars. While many have long pushed for something along these lines, the FDAs version of it amounts to a wholesale stifling of the marketplace.
The guidelines for such an exemption consist of eight points, two of which are most troubling. One states that for a cigar to be premium, it mustnt have a characterizing flavor other than tobacco and the other mandates that it must cost more than $10 to be exempted.
In other words so long innovation, hello higher prices and more regulation.
How so? Theres a cigar seasoned with Makers Mark bourbon. While it meets one of the two, its characterized with something other than tobacco, so were assuming itll have to get in line.
The FDA makes no clarification of what its terms mean, which should trigger alarms from the get-go.
As for the cost threshold, at least one study has estimated that roughly 85 percent or so of cigars purchased by consumers will not make the proverbial cut. Given the entire process of approval and the bureaucracy behind it, it means new cigars under $10 are unlikely to see the light of day for quite a while.
The logic behind this is anything but logical.
Theres nothing showing a demonstrable health difference between cigars priced at $11 and those priced at $9. So what were getting is an arbitrarily-based price cutoff, not something rooted in science and tangible evidence. Congress has mandated as much from the FDA, but its clear theyre not interested in following such a procedure.
Common-sense regulations on tobacco are warranted and necessary, Im not saying otherwise. What I am saying is that this reeks of little more than regulatory politics as usual, not a worthwhile use of taxpayer-funded resources.
The handmade cigar market is one catered exclusively towards adults and is responsible for more than a handful of American jobs.
A deluge of new regulations here will do little more than endanger those jobs and impose higher costs for no scientific reason. Taxpayers, cigar consumers in particular, shouldnt be footing the bill for these shenanigans.
When they came for the cigar smokers I did not speak out because I was not a cigar smoker.
So I like to smoke a cigar every now and then (usually prefer my pipe). I fail to see what the current issue is that needs to be fixed? What problem is society bearing, that the big government can come in and solve?
Bureaucrats, by their very nature, are busybodies who want nothing less then to stick their noses into everyboy else’s business.
They are the sniveling, little schoolyard snitches of the nation.
Plenty anti smoking posters here
I fart in their general direction
Slick Willie is saddened.
Careful - congressional regulation of farting is next.
How before significant numbers of pipe and cigar smokers will begin to grow their own at home?
I wonder if they’ll get SWATTED at 3am some night...
This is yet another manifestation of a government that is too big for its enumerated powers and so big that it has outstripped the willingness of the citizens to fund it. It has assumed the power of debasing the currency by creating money and credit out of thin air. In fact, it is creating so much money that some of its bureaucrats and officials think they no longer have to get permission from the taxpayer.
When enough states call for an Article V convention to consider amendments to the Constitution, the first order of business must be to restrict the federal government’s spending powers. This will thus be the first limit on its overreach of power beyond those enumerated and in any case will serve to force officials to set priorities that are more in line with their enumerated powers.
The Iron Law of bureaucracy is that they seek to expand their own power until some sufficient outside power restrains them. They will never restrain themselves. (This is why the self-funding CFPB is so dangerous and will some day become its own monster and destroyer of liberty).
The downside of efforts to restrict government spending will be when the ability of government to fund pet projects and to fund our military is force to be more rational. The US has been way over-extended for so long that some conservatives cannot tell reality from the mirage that is paid for via fiat-money. When our military is cut, there will be a lot of crying from power-loving “conservatives” who are really lovers of Big government in camo drag.
The world will change as China, Russia and others rush to occupy the vacuum we must leave when our military is resized to financial reality. But then so will liberals when their welfare state also must be cut. Our present trajectory of print, borrow and spend is simply not “sustainable”, a concept the left loves to hammer all of us about when they claim the high moral ground.
Exactly. Every bureaucrat feels that they must justify their job by creating endless reams of regulations.
“So I like to smoke a cigar every now and then (usually prefer my pipe).”
This same pile of crap law/regulation is going to tax your pipe tobacco ....over 2,000%!
You read that right, the tobacco tax on pipe tobacco is going up that much.
They are going to add the taxes and regulations to e-cigs too.
If they ever try to regulate halitosis they're sure to exempt themselves....for obvious reasons.
What do you think happened? Tax revenues more than doubled despite the decrease in taxes (I cannot any longer find reference to that, but it's true).
So what does a bureaucrat do when faced with such data? They increase taxes. http://pipesmagazine.com/blog/pipe-news/oregon-considers-controversial-tobacco-tax-increases/
and to summarize what happens when they pull this crap: http://danieljmitchell.wordpress.com/2012/05/05/the-laffer-curve-strikes-again-3/
(by the way, they did NOT maintain the cigar tax cap. Cigars went to prior levels, if not more)
I don’t smoke, but I enjoy a good cigar with a Colorado Bulldog now and then! Nothin’ wrong with it, IMHO.
Government has grown so large that it now controls the people. It will not entrench. It has to be destroyed. Are the sheeple of America ready to do such. Ans: NO. This will only change if an all-out civil war happens & the public school children with their electronic crapola have no stomach for such. They are no different than the former USSR & as Solzhenitsyn stated the people went willing scared thinking being nice would get them a pass. So live it, love it in the new commie USA.
I might just burn a Fuente Fuente Opus X tonight!!!
This is ridiculous. I buy lots of premium cigars on sale for less than $10/stick. Most of the ones I get are 85-94 rated and cost @ $3 each.
This will just make all cigars cost $10.
The liberals need control over people’s lives.
They can only kill me once.
Ditto, but mine is still in the greenhouse. I buy a short season tobacco that does well in my area.
A bonus, growing it on the edge around my larger gardens keeps the deer, elk and moose out. They have no interest in tobacco so never try to bash through the plants.
Written on my porch, as I enjoy one of our additive-free, homegrown cigs...
I posted that for you over a week ago, did you read it?
“Tobacco Taxes Parity: Increases the excise tax on small cigarettes; equalizes excise taxes for pipe tobacco, roll-your-own tobacco, and smokeless tobacco; clarifies the definition of small cigars; and closes an existing loophole to end mislabeling of tobacco products.”
I have been watching this closely for the last few months.
The FDA still has not issued their new regulations—but I am stocking up just in case.
If cigars go to $10 minimum (or anywhere near them) it will be another blow to the liberty of the middle class.
The Republican Congress needs to step up and get cigars out of the clutches of the FDA.
Second hand bureaucrat pokes into our business, causes cancer.
50% of the reason is more Federal jobs for affirmative action hires. To expand Federal bureaucratic empires. For the Feds to seize ever more power from the states and counties and local governments
a) In General- Subsection (f) of section 5701 of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $24.78.”
“Tax parity for smokeless tobacco.
(1) Section 5701(e) of the Internal Revenue Code of 1986 is amended
(A) in paragraph (1), by striking $1.51 and inserting $13.42;
(B) in paragraph (2), by striking 50.33 cents and inserting $5.37
is amended by striking but not more than 40.26 cents per cigar and inserting but not less than 5.033 cents per cigar and not more than 100.66 cents per cigar
Any product described in section 5702(c)(2) or not otherwise described under this section, including any product that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act, shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.
Loose cigarette tobacco taxes were raised 2,200% as soon as O’bastard took office. This move will raise the tax on loose pipe tobacco to the same amount. I think the tax is figured per pound/ounce.
It will raise the tax on cigars too, but that was never something I made a point on.