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Home
» The Politics of Smoking
| Please note that any information provided below is done so as a
courtesy to Milan Tobacconists' customers and does not necessarily
reflect the views or opinions of Milan staff.
Give us a call toll free at 877.70MILAN or send an email to customercare@milantobacco.com
if you have questions, concerns, or comments!
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Please click on the links below to view an announcement
of particular interest or scroll down the page to view all announcements:
» Ban
on Mailing Tobacco DOES NOT Apply to Cigars and Pipe Tobacco -
By David and Renée Meyer (6/25/10)
» FDA
Issues Notice of Proposed Rule to Focus on Cigar Regulations -
By David and Renée Meyer (4/29/10)
» Parade
Magazine Runs "Junk Science" Study Article (4/11/10)
» IPCPR
Update on Proposed Federal Pipe Tobacco Tax Increase (HR 4439)
(2/26/10)
» Brothers
and Sisters of the Briar Gather Worldwide at Noon on Saturday,
February 20th. (2/19/10)
» IPCPR
Provides a Legislative Action Alert Link to Make Your Voice Heard
on HR 4439 (1/25/10)
» Our
Perspective on HR 4439 – The Tobacco Tax Parity Act of 2010
- By David and Renée Meyer, Owners of Milan Tobacconists
(1/24/10)
» Just
Say No! to a Parade Magazine Outdoor Smoking Ban Poll (12/9/09)
» Smoking
Ban Takes Effect in Virginia - By David and Renée Meyer
(12/1/09)
» IPCPR
Files Public Comment with FDA Regarding Cigars (11/6/09)
» Distributors
Urging FDA to Clarify Flavored Cigarette-Only Retail Sales Restrictions
(9/18/09)
» IPCPR
Update on FDA Tobacco Control Regulations (9/16/09)
» CNN
Story Highlights Just One Story From SCHIP Fallout (8/27/09)
» Cigar
Rights of America Issues Challenge to Virginia's Cigar Smokers!
(7/29/09)
» President
Obama Signs FDA Tobacco Regulation Bill (6/22/09)
» FDA
Tobacco Regulation Bill Passes Senate and House; Now On to President
for Signing (6/12/09)
» Senate
Debates FDA Regulation of Tobacco (6/4/09)
» Senate
Panel Approves Bill to Give FDA Authority to Regulate Smoking
(5/22/09)
» Senator
Edward Kennedy Introduces Bill to Regulate Smoking (5/6/09)
» FDA
Tobacco Bill Passes U.S. House - HR1256 Excludes Cigars, Pipe
Tobacco From Potential FDA Regulation (4/2/09)
» Learn
About Tobacco Legislation In Your State (3/9/09)
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Ban on Mailing Tobacco
DOES NOT Apply to Cigars and Pipe Tobacco - By David and Renée
Meyer (6/25/10)
New restrictions on mailing tobacco products will take effect on
June 29th, but they DO NOT apply to cigars and pipe tobacco. Please
read the press release below issued by the United States Postal
Service (USPS) on June 17th:
"New Mailing Rules for Tobacco Products Set for Summer
Changes to law restrict mailing of tobacco products
WASHINGTON — To comply with legislation passed by Congress
and signed into law by the President, cigarettes and smokeless
tobacco products will be subject to new mailing regulations effective
June 29, 2010. The law, Prevent All Cigarette Trafficking Act,
Public Law No. 111-154, was signed into law March 31.
With only a few limited exceptions, the Postal Service will no
longer be allowed to accept or transport packages containing cigarettes
or smokeless tobacco products. The general mailability ban will
extend to cigarettes, roll-your-own tobacco and smokeless tobacco.
The prohibition does not include cigars.
Shipments entirely within Alaska and Hawaii will continue, subject
to certain labeling and acceptance requirements.
The law does permit infrequent lightweight shipments by age-verified
adults to recipients who are at least the age of majority for
purchase of tobacco. Shipments between businesses in the tobacco
industry will also be permitted, as well as cigarettes sent to
consumers age 21 and above for testing or public health purposes.
Most shipments will require photo identification and age verification
consistent with the minimum age requirements in the locality of
destination.
With the exception of shipments entirely within Alaska and Hawaii,
shipments are permitted only via Express Mail and, with the exception
of shipments from the United States to APO/FPO/DPO destinations,
will be delivered using “hold for pickup” service at
the destination Post Office."
Milan Tobacconists continues to offer both USPS and UPS delivery
services to our Internet and mail order customers, and we appreciate
your business!
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FDA Issues Notice of Proposed Rule
to Focus on Cigar Regulations - By David and Renée Meyer
(4/29/10)
The Food and Drug Administration (FDA) submitted a notice in the
Federal Register: April 26, 2010 (Volume 75, Number 79) entitled
"CIGARS SUBJECT TO THE FAMILY SMOKING PREVENTION AND TOBACCO
CONTROL ACT." The abstract provided by the FDA states, "The
Family Smoking Prevention and Tobacco Control Act (the Tobacco Control
Act) provides FDA authority to regulate cigarettes, cigarette tobacco,
roll-your-own tobacco, and smokeless tobacco. Section 901 of the
Federal Food, Drug, and Cosmetic Act, as amended by the Tobacco
Control Act, permits FDA to issue regulations deeming other tobacco
products to be subject to the Tobacco Control Act. This proposed
rule would deem cigars to be subject to the Tobacco Control Act
and include provisions to address public health concerns raised
by cigars." A timetable of June 2010 was given for publication
of the proposed rule, and the need for a "Regulatory Flexibility
Analysis" was indicated.
The Regulatory Flexibility Act requires that agencies such as the
FDA publish semiannual regulatory agendas in the Federal Register
describing regulatory actions they are developing that may have
a significant economic impact on a substantial number of small entities.
This particular agenda certainly would in our opinion.
When the FDA publishes its proposed rule in June regarding the
regulation of cigars, the public will be allowed to submit comments
to the rule. In the event you wish to begin your letter/email writing
campaign sooner rather than later, we have listed below the contact
information provided by the FDA in its notice to the Federal Register:
Ms. May Nelson
Regulatory Counsel, Department of Health and Human Services, Food
and Drug Administration, Center for Food Safety and Applied Nutrition
5100 Paint Branch Parkway
College Park, MD 20740
Phone: 877.287.1373
Fax: 240.276.3904
Email: may.nelson@fda.hhs.gov
We won't speculate on the impact of this proposed rule, but we
will certainly keep a watchful eye and post new developments here.
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Parade Magazine Runs "Junk
Science" Study Article (4/11/10)
Following the recently released "study" linking Chronic
Obstructive Pulmonary Disease (COPD) to pipe and cigar smoking,
which was immediately rebutted by the International Premium Cigar
& Pipe Retailers Association (IPCPR) with a nationally-distributed
press release, Parade Magazine ran a related article in its
April 11th print edition and on its website.
We wanted to share with you the IPCPR's release, which states in
summary that the study proved flawed based on misinformation. The
full release follows:
Conclusions made by a new study of cigar and pipe smoking by researchers
at the Columbia University Medical Center are not supported by the
study's findings, says the International Premium Cigar & Pipe
Retailers Association, a non-profit group of premium cigar retailers
and manufacturers.
The study, published in the Feb. 15 issue of Annals of Internal
Medicine, was funded primarily by grants from the National Heart,
Lung, and Blood Institute and the National Institutes of Health.
The study concludes that "physicians should... counsel cessation
of pipe and cigar smoking...."
"Nothing in the study justifies this erroneous conclusion.
It is prejudicial and preconceived, thereby justifying the labeling
of such surveys as corrupt misuse of junk science," said Chris
McCalla, legislative director of the IPCPR, which is comprised largely
of some 2,000 neighborhood mom-and-pop retail stores and family-owned
manufacturers of premium cigars, pipes, tobacco, and related accoutrements.
McCalla cited several features of the study that he said support
his group's position:
- Of 3,528 participants in the study, only 58 had ever smoked
cigars or pipes and not cigarettes, and only 428 had smoked pipes
or cigars along with cigarettes.
- Only 47 of the subjects were current cigar smokers, of which
only 16 were current cigar smokers who had never smoked cigarettes.
Of the cigar smokers, 95 percent were male, but only 34 percent
of non-smokers were men.
- There was no effort in the study to determine the type of cigar
smoked - machine-made or premium, hand-made cigars. The study
showed no clinical effect on lung function in cigar smokers.
- There were no differences in airflow obstruction between cigar
smokers and non-smokers.
- Cotinine levels (a form of nicotine) were similar in cigar smokers
and non-smokers.
"The study found no clinical differences between cigar smokers
and non-smokers and to draw conclusions to the contrary is to participate
in a conspiracy of public misinformation and deception," McCalla
said.
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IPCPR Update on Proposed
Federal Pipe Tobacco Tax Increase (HR 4439) (2/26/10)
As of today, H.R. 4439 - the proposed federal legislation to increase
the pipe tobacco tax to the same rate of the roll your own tobacco
tax - has little life or attention in Congress. Lobbyists from the
International Premium Cigar & Pipe Retailers Association (IPCPR),
the Pipe Tobacco Council (a division of the Cigar Association of
America (CAA)), and others have met with key members of Congress
to discuss and detail our industry's opposition to the bill. H.R.
4439 is currently sitting in the U.S. House of Representatives'
Ways & Means Committee. No hearings or further action has been scheduled
at this time nor does the IPCRP expect any immediate action. Several
more meetings are scheduled with Congress in the coming days.
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Brothers and Sisters of the Briar Gather
Worldwide at Noon on Saturday, February 20th. (2/19/10)
St. Louis, Missouri, will be a center of the pipe smoking world
at noon this Saturday, February 20th. That’s when International
Pipe Smoking Day will be celebrated at the 22nd Annual Gateway Area
Pipe Show at the Heart of St. Charles Banquet Center. Local briar
lovers will be raising their pipes in a salute to their pipe smoking
brothers and sisters around the world as a show of friendship and
unity that reaches across all borders, according to Bob Callaway,
spokesperson for the St. Louis Pipe Club, sponsor of the show.
International Pipe Smoking Day was designated by a group on Smokers
Forums three years ago as a day on which pipe smokers everywhere
could tell their story and educate others about the rich history
and traditions of the noble art of pipe smoking. The group dedicated
it to the worldwide community of pipe smokers that is bound together
by a shared love of pipes, pipe collecting, and the social aspect
of pipe smoking. They respect informed choice and the responsible
adult use of smoking tobacco and envision a world where governments
act in good faith and integrity.
"International Pipe Smoking Day provides an opportunity for
briar lovers everywhere to stand up and demonstrate with pride that
we are still enjoying our pipes despite all the restrictions and
increased tobacco taxes that the anti-tobacco forces have imposed
on us. They just don't understand the significant benefits that
pipe smoking offers," Callaway said.
International Pipe Smoking Day is supported by the International
Premium Cigar & Pipe Retailers Association (IPCPR) of some 2,000
retailers of premium tobacco products, including Milan Tobacconists;
the International Committee of Pipe Clubs, which has members in
more than 25 countries; and by the United Pipe Clubs of America,
with its more than 20 member clubs in the United States. Many other
pipe clubs in this country and abroad also will hold special events
on or around February 20 to mark the day.
"Our motto is 'Relax with Your Pipe' and that's the idea we
want to get across," says Vernon Vig, President of UPCA which,
according to the organization’s website, was founded in 2002
to promote and protect the interests of the American pipe smoking
community.
"Pipe smokers are mature, considerate adults. We don't want
to bother anyone, and all we ask in return is a little common sense
and consideration on the part of others," said Vig.
For more information, visit www.ipsd.eu;
www.unitedpipeclubs.org,
www.smokersforums.co.uk,
and www.pipeclubs.com.
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IPCPR Provides a Legislative Action
Alert Link to Make Your Voice Heard on HR 4439 (1/25/10)
As of today, HR 4439 (see article below) still remains quiet in
the House Ways and Means Committee. No hearing or other action has
been scheduled at this writing.
However, with the groundswell of grassroots efforts that has developed
among pipe smokers, retailers, and others in opposition to HR 4439,
the International Premium Cigar and Pipe Retailers Association (IPCPR)
has proactively initiated a Legislative Action Alert to complement
and support this movement, complete with suggested talking points.
Please click the link below to make your voice heard on this issue:
*
IPCPR Legislative Action Alert Page *
We continue to closely monitor any news or progress and will provide
updates accordingly.
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Our Perspective on HR 4439 –
The Tobacco Tax Parity Act of 2010 - By David and Renée
Meyer, Owners of Milan Tobacconists (1/24/10)
There has been a great buzz of concern blanketing the Internet regarding
HR 4439 – The Tobacco Tax Parity Act of 2010, which was introduced
in Congress on January 13, 2010. If you are not yet familiar with
the bill’s intent, it is “To amend the Internal Revenue
Code of 1986 to impose the same rate of tax on pipe tobacco as is
imposed on roll-your-own tobacco.” Click the bolded link to
view the actual bill -> Library
of Congress. A small bill with big implications to be sure
– an increase in pipe tobacco tax from $2.8311 to $24.78 per
pound – but how concerned should we be at this point?
On Friday (1/22), Milan Tobacconists was provided with the following
update from the International Premium Cigar and Pipe Retailers Association
(IPCPR), of which we are a member:
HR 4439, the Tobacco Tax Parity Act of 2010, introduced
on January 13, 2010, would tax pipe tobacco at the same rate ($24.78
per pound) as roll-your-own tobacco. The sponsors are Representatives
Steve Cohen (Dem., TN) and Lloyd Doggett (Dem., TX). HR4439 has
been referred to the House Ways & Means Committee of which Mr.
Doggett, an anti-tobacco advocate, is a member. The bill is not
yet on that committee's radar scope.
The Cigar Association of America (CAA) and Public Strategies-Washington
(PSW), IPCPR's federal lobbyists, are actively working on the issue
to ensure its defeat before it gains any momentum and advances through
the legislative process.
Last month Liggett Group tried to get similar legislation included
in the Senate's proposed health care legislation currently being
considered in Congress. That effort was unsuccessful.
We believe the bill was not introduced to “target” pipe
smokers; rather, it was a direct response to the roll-your-own tobacco
(RYO) industry’s practice of relabeling their cigarette tobacco
as pipe tobacco to circumvent the RYO tax. It is even speculated
that one of the “big tobacco” companies suggested introduction
of this bill because the RYO industry was gaining a competitive
edge on cigarette manufacturers with the relabeling/tax avoidance
maneuver.
Back to the question of “how concerned should we be at this
point?” Using a risk scale of “Low — Guarded —
Elevated — High — Severe,” Milan Tobacconists is
“Guarded.” We are not being complacent by any means, nor
should you. We have shared our opinions and concerns with government
representatives, and will continue to closely monitor the bill’s
movement (if any) in committee. Updates will be posted here.
Please take a moment to contact your representative in the U.S.
House of Representatives and share your thoughts regarding the proposed
bill by visiting the link below:
*
US House of Representatives – Write Your Representative Site
*
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Just Say No! to a Parade
Magazine Outdoor Smoking Ban Poll (12/9/09)
Parade Magazine, one of the broadest nationally circulated
consumer periodicals, is running a poll on its website — the
question: "Should smoking be banned outdoors?"
We hope you'll follow the link below to read a short article, then
vote No!...or Yes. It is still a free country after all, isn't it?
*
Should Smoking Be Banned Outdoors? *
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Smoking Ban Takes Effect in
Virginia- By David and Renée Meyer (12/1/09)
'No Smoking' signs went up and ashtrays disappeared on Tuesday signaling
to customers that the smoking ban was in effect in the Commonwealth
of Virginia. On the first day of the state ban on smoking inside
restaurants, police and state officials did not storm into bars
looking for lawbreakers. Instead, enforcement of the law will be
left to business owners and customers according to Health Department
officials.
Over the next several months, health inspectors will be focusing
their efforts on restaurants and bars listed as smoking establishments
and, if they find infractions, they'll write a health-code violation
and work with the business owner to address it. If an owner refuses
to comply, police can write a court summons. Customers will be able
to report a noncompliant business as well.
Governor Tim Kaine signed the smoking ban bill into law in March
2009, which prohibits smoking in businesses that serve food unless
there's a separate ventilation system for smoking areas or an outdoor
area. Private clubs are exempt.
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IPCPR Files Public Comment
with FDA Regarding Cigars (11/6/09)
The International Premium Cigar & Pipe Retailers Association
(IPCPR) filed its public comment with the Federal Food and Drug
Administration (FDA) on November 4th. This public comment details
the demographics of member businesses (Milan Tobacconists is a member)
and the differences between premium cigars and other tobacco products,
among other statements. To view the document as a PDF, please click
here -> IPCPR
Public Comment Document
As the FDA develops its regulations as directed by the Family Smoking
Prevention and Tobacco Control Act (H.R. 1256), recently approved
by Congress and signed into law by the President, the IPCPR felt
it important to state its position in relation to this statute and
reaffirm to the FDA that cigars were not intended for regulation
by Congress.
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Distributors Urging FDA to Clarify
Flavored Cigarette-Only Retail Sales Restrictions (9/18/09)
The International Premium Cigar & Pipe Retailers Association
(IPCPR) has received several communications from retailers in different
parts of the country informing the IPCPR of visits from Health and
Human Services (HSS) officers. The FDA is a sub-agency of the HHS.
These officers have been purchasing flavored cigarettes and flavored
cigarillos. While the IPCPR has not been provided definitive reasons
by the FDA for these purchases, they believe it may be for comparison
reasons—to differentiate between the two products.
Additionally, the FDA disseminated a letter dated September 14,
2009, reminding retailers and distributors of the pending flavored
cigarette sales prohibition to take effect on September 22nd. In
that letter, the FDA caused confusion in its declaration that a
flavored cigarette packaged as a "flavored" cigar would
be included in this sales ban. According to the FDA regulatory authority
bill approved by Congress and signed into law by the President,
only flavored cigarette retail sales are to be prohibited on September
22nd. No other flavored tobacco products, including flavored cigars,
are included at this time.
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IPCPR Update on FDA Tobacco
Control Regulations (9/16/09)
Chris McCalla, Legislative Director for International Premium Cigar
& Pipe Retailers Association (IPCPR) stated that the FDA is
currently seeking general comments from the public as it prepares
for its work in laying out additional tobacco control regulations.
Once the FDA begins its formal work and initial release of its proposed
regulations, the IPCPR will review the proposed regulations and
potential comments and input for the final FDA regulations.
The IPCPR is working closely with its federal lobbyists and other
industry allies to ensure no more tobacco products are pulled into
FDA regulation.
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CNN Story Highlights
Just One Story From SCHIP Fallout (8/27/09)
The Cable News Network (CNN) recently ran a story about how one employee
of the now-closed Hav-A-Tampa cigar factory is helping out his fellow
out-of-work employees.
*Click
Here to Watch Video Clip on CNN's Website*
The irony of this story, also one of our points we worked hard
to make during the SCHIP fight, is this jobless employee's children
now qualify for the SCHIP program — the same program funded
by the tobacco tax increase that ultimately contributed to Hav-A-Tampa's
closing.
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Cigar Rights of America Issues
Challenge to Virginia's Cigar Smokers! (7/29/09)
Cigar Rights of America (CRA) Wants You - As a Member! CRA is a
growing voice for cigar enthusiasts across the country, working
in the local, state, and federal battles that threaten one of life's
great pleasures and a moment so fundamental to the "pursuit
of happiness" - a cigar among friends. In essence, CRA wants
to protect your ability to enjoy great cigars with as little government
regulation and taxation as possible.
Now to the challenge. There is power in numbers, and CRA needs
cigar voters to stand up and be counted because the bigger the voting
block, the stronger the voice. Virginians are pivotal to the growth
of CRA, so they have issued a special challenge - to have 250 CRA
members from Virginia going into the next election season.
Visit www.cigarrights.org/membership.htm
to learn more about the benefits of joining CRA. Also, if a friend
joins and lists you in the "Referred By" section, you
will be eligible to participate in CRA's monthly drawing for fine
cigar products - humidors, cigar cases, cutters, and lighters from
the top manufacturers and distributors in the cigar industry.
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President Obama Signs FDA Tobacco
Regulation Bill (6/22/09)
Signed by the President this afternoon, the long-sought legislation
gives the Food and Drug Administration (FDA) unprecedented authority
to regulate tobacco. The Family Smoking Prevention and Tobacco Control
Act allows the FDA to cut nicotine in tobacco products, ban candy
flavorings,and block labels such as "low tar" and "light."
It will also require large warning signs on cigarette cartons.
Although the bill does not allow the FDA to ban nicotine or tobacco,
it will regulate what goes into tobacco products, make public the
ingredients, and prohibit cigarette marketing campaigns targeting
children.
A recent Gallup Poll found that 52 percent of Americans disapprove
of the new law expanding the federal government's power to regulate
the manufacturing and marketing of tobacco products, with only 46
percent in support of it. Just 17 percent of those surveyed say
smoking should be banned.
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FDA Tobacco Regulation Bill
Passes Senate and House; Now On to President for Signing (6/12/09)
The U.S. House and Senate passed legislation today giving the U.S.
Food and Drug Administration broad authority over cigarettes and
other tobacco products. The bill is on its way to the President
to be signed into law.
The measure bans most flavored products and print advertisements
in publications aimed at children and teenagers, and also calls
for larger package warnings and restricted vending machine sales.
It also allows the FDA for the first time to monitor and inspect
tobacco companies. Cigarette makers would have to pay hundreds of
millions of dollars in user fees, register with the agency, and
provide a list of all the products they make as a result.
The bill, passed by the Senate on Thursday, was adopted by the
U.S. House of Representatives in a 307-97 vote. President Obama
said he will quickly sign the measure into law.
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Senate Debates FDA Regulation
of Tobacco (6/4/09)
The U.S. Senate began debate Tuesday on whether to grant the Food
and Drug Administration power to regulate tobacco products. A bill
written by Democrats would let the FDA oversee the packaging, marketing,
and manufacturing of cigarettes and other tobacco products.
In an 84-11 procedural vote, the Senate agreed to start debate,
which could continue into next week. Democrats have said they have
enough votes to approve the tobacco legislation, but the margin
could be slim.
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Senate Panel Approves Bill
to Give FDA Authority to Regulate Smoking (5/22/09)
The Senate Health, Education, Labor and Pensions Committee approved
a bill on Wednesday that gives the Food and Drug Administration
(FDA) authority to regulate tobacco products. The full Senate may
take up the measure as soon as the first week in June.
The legislation, introduced by Senator Edward Kennedy (see article
below), gives the FDA authority over tobacco, including the ability
to ban certain smoking products. Many Senate Republicans object
to giving the FDA power to regulate tobacco, however, saying that
the agency is already having difficulty performing its drug-safety
mission.
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Senator Edward Kennedy Introduces
Bill to Regulate Smoking (5/6/09)
Senator Kennedy (D) of Massachusetts has introduced a bill in the
Senate similar to one already passed by the House that gives the
Federal Government the authority to regulate tobacco products. Senator
Kennedy's bill was quietly offered Tuesday night and it is expected
to pass with bipartisan support likely later this month or in June.
The measure needs at least 60 votes to prevent a Senate filibuster
and already has 40 co-sponsors from both parties. Kennedy, who is
chairman of the Senate Health, Education, Labor, and Pensions Committee,
has scheduled a hearing for next Tuesday to consider his bill.
As noted in the article below, the House last month overwhelmingly
passed a bill giving the Food and Drug Administration authority
over how tobacco products are made, advertised, and sold. Any differences
between the two bills would be worked out in a House-Senate conference
committee.
President Barack Obama supports FDA regulation of tobacco.
The FDA could not ban tobacco, and tobacco farmers would not be
subject to regulation. The costs of the new regulation would be
covered by user fees imposed on tobacco companies and importers.
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FDA Tobacco Bill Passes U.S. House
- HR1256 Excludes Cigars, Pipe Tobacco From Potential FDA Regulation
(4/2/09)
By a strong 298-112 majority, the House today passed the bill to
give FDA regulatory authority over tobacco, although the agency
would not be empowered to ban cigarettes or other tobacco products.
The Senate could take up its version of the bill after the two-week
spring recess that begins this weekend, and supporters have expressed
confidence they can overcome expected resistance from tobacco-state
senators. The bill also is supported by President Obama; Democrats
supported the bill by a 228-8 margin, while 70 Republicans voted
for it, with 104 opposed.
An alternative offered by Rep. Steve Buyer, R-Indiana, was defeated
284-142.
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Learn About Tobacco Legislation
In Your State (3/9/09)
If you are interested in learning about current smoking-related
legislation in your state, we suggest visiting the International
Premium Cigars and Pipe Retailers Association (IPCPR) legislation
webpage -> www.ipcpr.org/legislation.html.
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