Received the following reply from my Senator today. Thinking that I should probably reply with more detailed information but not sure if it will make a difference or not.
June 29, 2016
Dear Brian,
Thank you for contacting me about S.441, the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2015. I appreciate hearing hearing from you on this issue.
The Food and Drug Administration (FDA) regulates tobacco products for the public health of all Americans. As you know, tobacco is harmful not only to the smoker but also to those who breathe secondhand smoke. While it continues to remain a personal choice whether to use these products in private, Congress has charged the FDA with regulating tobacco products so that their private use does not cause public harm.
Currently, the Family Smoking Prevention and Tobacco Control Act of 2009 gives the FDA regulatory authority over tobacco products, including cigars. It also established a premarket review process for new tobacco products, defined as products that enter the market after February 15, 2007. Products that were already commercially marketed in the United States as of February 15, 2007 are "grandfathered" under the law. This means the products may continue to be marketed, so long as they comply with all the provisions of the Tobacco Control Act. The FDA has established several pathways for marketing new tobacco products, including allowing exemptions for products that have the same characteristics as tobacco products that have been grandfathered under the Tobacco Control Act. Products that do not meet those criteria must go through the premarket review application process before being marketed in the United States.
On May 5, 2016, the Department of Health and Human Services finalized the FDA's tobacco deeming regulations, which stated that the grandfather date would remain as February 15, 2007.
Senator Bill Nelson of Florida introduced the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act to exempt traditional large and premium cigars from regulation by the FDA. This bill was introduced in the Senate in February 2015 and referred to the Senate Committee on Health, Education, Labor, and Pensions (HELP), of which I am a member. I will be sure to keep your thoughts in mind should this bill come up for consideration.
Again, thank you for contacting me, and please don't hesitate to do so in the future on this or any other matter of concern to you.
Sincerely,
Al Franken
United States Senator