by Brian Malkin
On December 16, a group of Senators sent FDA a letter urging FDA to prohibit the use of flavorings in cigars. The letter was signed by Senator Frank Lautenberg (D-N.J.) joined by Senators Dick Durbin (D-Ill.), Sherrod Brown (D-Ohio), Jeff Merkley (D-Ore.), and Richard Blumenthal (D-Conn.).
According to the letter, more than 13 million Americans smoke cigars, including an estimated 1.8 million high school students and 475,000 middle school students. Unlike cigarettes, which FDA regulates under the 2009 Family Smoking Prevention and Tobacco Control Act (“the Act”), FDA has so far chosen not to regulate cigars as “tobacco products.”
Cigars and little cigars or “cigarillos” are like cigarettes because they contain tobacco and are intended to be smoked, so they arguably contain the same ingredients that were described in the Act as “inherently dangerous and cause cancer, heart disease, and other serious adverse health effects” and are addictive because they contain nicotine, “an addictive drug.” Another purpose of the Act was to reduce smoking by “young people,” including minors, who may be tempted to smoke, particularly when tobacco products contain non-tobacco-type flavors.