View Full Version : New FDA Rules are Coming...

05-05-2016, 16:39
If you yearn for something akin to Chinese water torture, the 499 page document can be found here,


From Title X which covers Pipe Tobacco, on page 284,

All entities that meet the definition of "tobacco product manufacturer" in section 900(20) of the FD&C Act, including retail establishments that blend pipe tobacco, are subject to and must comply with all applicable statutory and regulatory requirements for tobacco product manufacturers.

Buy now while you still can, which has been my opinion for the last few years.

05-05-2016, 16:55
I'm interested in reading the document when it gets published five days from now to find out how much more of a crime will be made of smoking.

Brooklin Bill
05-05-2016, 17:08
The purpose of this document is to widen the definition of "Tobacco" product to include all these vapour thingies. But it also includes pipes, ashtrays etc. Tjese cannot be shown publicly or advertised unless under certain restrictive rules.

You might be right Dave but it won't be for a long time. Can you imagine how much it would cost the government to get farmers out of growing tobacco. Of course they could tax it away before then.

05-05-2016, 17:15
You might be right Dave but it won't be for a long time. Can you imagine how much it would cost the government to get farmers out of growing tobacco.

I might have to ask a Coal miner...

Brooklin Bill
05-05-2016, 17:19
The Ontario government gave incentive for our main tobacco area to switch products in SW Ontario. So they all switched to tomatoes to supply the Heinz plant. Then Heinz closed the plant and moved to Mexico under free trade. Guess what happened?

05-05-2016, 19:08
I might have to ask a Coal miner...

Brilliant answer.

05-05-2016, 20:48
I've been out of the loop on this. What exactly does the new rule mean for pipe tobacco?

Brooklin Bill
05-05-2016, 20:56
I've been out of the loop on this. What exactly does the new rule mean for pipe tobacco?

Not a lot at the moment other than widening the definition of what tobacco products are and how they have the right and jurisdiction to govern it "In the interests of Public Health." But as Dave hints it opens the door to much more restrictive legislation. We are going through this in Canada too. Individual States/Provinces will lose their discretionary powers over tobacco control in many areas.

05-05-2016, 21:06
I've been buying tobacco to cellar since 2010 and as my wife constantly points out I have enough tobacco to last me my lifetime but it still sparks a fear in me to knowing that the government is moving in. I still love buying tobacco and trying new blends, it would be a shame if that was compromised. I'm sure it's coming, much to my chagrin.

Edit* right after I wrote the above they brought it up on the news 3 times within 30 min. They mainly brought up e-cigs but pipe tobacco came up a few times! Scary!!!

05-05-2016, 21:50
I don't like to dis other smokers, but it is the False Labeling of RYO's masquerading as Pipe Tobacco that has put pipesters in the sights of the PC Monster.

05-06-2016, 00:01
Sounds like you've got a dose of the EU. Nasty affliction, damned expensive and tricky to get rid of :-)

Sent from my iPhone using Tapatalk

05-06-2016, 16:42
I've been out of the loop on this. What exactly does the new rule mean for pipe tobacco?

A lot!
Pipe tobacco and cigars takes a huge hit.

Will mean no more free samples. No going into the shop and filling your bowl to try before you purchase. No more free tins or samples given out at shows or contests.

Any shop that blends their own or sells bulk (repackages it) will be considered a manufacturer and will have to register and comply with the new regs.

Any blends or cigars produced after 2/15/2007 will be taken off the market until the manufacturer can comply with the new regs for those products.

Additional warning labels (30%) of the package and those products that can't be labeled directly on the package (bulk and un-wrapped cigars) must have warning signs with in so many inches of the products.

05-06-2016, 16:45
This is a better link (https://www.federalregister.gov/articles/2016/05/10/2016-10685/deeming-tobacco-products-to-be-subject-to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the?source=govdelivery&utm_medium=email&utm_source=govdelivery) to the regs

05-06-2016, 17:20
don't know why i can't post additional information about this but the FDA will decide if any of the products being submitted for approval by whether the tobacco product is appropriate for the protection of the public health or detrimental to the public health.

To me that seems to be a bleak situation.

06-01-2016, 16:47
This page may be of interest regarding the FDA regs.,


St. Bernhardt
06-02-2016, 08:37
That just sucks!

07-01-2016, 00:56
It's another case of being able to get more tax $ for goods while the Federal Gov't oversteps its bounds at the state level IMO....Just my opinion and probably not worth much. Its uneducated and has no research behind it. They tried the same with the Cigar movement if you recall.

01-18-2017, 17:56
The conversation about the new FDA regulations keeps bubbling up in other threads and there's new information trickling out all of the time. So, I thought it might be a good idea to try to use this thread as a sort of catchall superthread for all things related to the FDA. I hope that's okay.

Anyway, here are a couple of things introduced recently that may be of interest to you guys. First...

House Bill H.R.564 - To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration's jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing and distribution of traditional and premium cigars.

"With the 115th Congress now in session, the time has come to introduce and re-introduce proposed legislation. This past week, House Bill (HR) 564 has been introduced by Representative Bill Posey of Florida to the U.S. House of Representatives. The purpose of the bill is to introduce legislation to exempt premium cigars from regulations being proposed by the United States Food and Drug Administration (FDA). In addition, the bill has already received an additional 39 co-sponsors. According to a press release by Cigar Rights of America, the text of the new bill is identical to its predecessor, HR 662 from the 114th Congress."

Description source: http://cigar-coop.com/2017/01/cigar-news-h-r-564-introduced-for-115th-congress-to-exempt-premium-cigars-from-fda-regulation.html
Bill details: https://www.congress.gov/bill/115th-congress/house-bill/564

01-18-2017, 17:57

House Bill H.R.21 - Midnight Rules Relief Act of 2017

"[...] the House of Representatives recently passed the Midnight Rules Relief Act of 2017 largely along party lines. If passed by the Senate and signed into law by President Trump, the bill would amend the Congressional Review Act (CRA) to allow Congress to group multiple regulations together and disapprove, thus overturn, them en bloc. Although the CRA only requires a simple majority to pass, current law requires Congress to review regulatory resolutions of disapproval one at a time. The regulations in danger of being overturned under the proposed bill would be ones submitted for congressional review within the last 60 legislative days, which in an election year covers regulations as far back as May 2016. Thus this activity is not only relevant to the new tobacco products Final Rule, but also many different FDA regulations finalized during that time period and affecting food, tobacco, and non-prescription drug areas including the Deeming Rule itself, which was published in final form on May 10th."

Description source: http://www.jdsupra.com/legalnews/fda-finalizes-tobacco-product-intended-79961/
Bill details: https://www.congress.gov/bill/115th-congress/house-bill/21/text

01-18-2017, 17:59
Al Franken was grillin' the dude from Georgia earlier today about his investments in "big tobacco".

Will president elect Trump save the day and eradicate the silly FDA?

I certainly hope so.

01-18-2017, 18:04
Also, yesterday the FDA published new draft guidelines for the distribution of free tobacco samples. You can read the the full, 10-page PDF document here: http://www.fda.gov/downloads/TobaccoProducts/Labeling/RulesRegulationsGuidance/UCM537082.pdf

But, if you'd rather not wade through the doc, a good summary of what's included can be found here: http://cigar-coop.com/2017/01/cigar-news-fda-issues-draft-guidance-on-free-samples-of-tobacco-products.html

Brooklin Bill
01-18-2017, 23:54
Ways around this .....discounts or rewards .....such as spend $X and receive a bonus etc. etc.

01-19-2017, 00:25
Ways around this .....discounts or rewards .....such as spend $X and receive a bonus etc. etc.
The FDA regulations have always allowed for the distribution of free samples when associated with a monetary exchange. This new document simply clarifies certain scenarios. What still seems unclear to me is what happens at pipe shows or vendor sponsored pipe club meetings. It may be possible that an admission fee could stand for that monetary exchange, but it's still a little fuzzy.

01-19-2017, 00:33
It seems from the wording of that bill proposed by the honorable congressman from my state of Florida, that the cigar lobby is again willing to exercise benign neglect concerning the rights of the pipe tobacco industry and pipe smokers and leave us twisting in the proverbial wind, as last time.

02-14-2017, 17:36
For what it's worth, the FDA has created a searchable database of tobacco products that were grandfathered in for approval under the new regulations. The database will be updated periodically. Unfortunately, it does not include SE (substantial equivalence) determinations, which makes it of very limited use in my opinion. I only just discovered it this morning and haven't had much time to play with it, but so far I've turned up nil when filtering the results to only pipe tobacco products. All the same, you can try your luck with it at the link below.


02-14-2017, 19:07


Mongo no like.
Me type in 5 Brothers but no find.

Mongo want to smash eff dee aye!

02-14-2017, 20:35


02-14-2017, 20:52


Heeeeerrrrrrreeeee's Johnnie! :rofl: