Date: August 2024
Author: Inspector X

The U.S. Food & Drug Administration’s Centre for Tobacco Products (CTP) has finally released its Final Rule for implementing the T-21 law, which includes key requirements such as age verification for patrons who appear to be under 30 and the removal of tobacco vending machines from locations where individuals under 21 are allowed.

Since Congress enacted the T-21 law in December 2019, the Premium Cigar Association (PCA) has urged the CTP to finalize the regulatory process to avoid the ongoing uncertainty surrounding compliance. During the nearly five-year period since the law’s passage, the FDA shifted its focus toward conducting over 1.5 million enforcement actions, despite never completing the necessary regulations. Instead of finalizing the T-21 regulations, the FDA allocated its resources to more politically driven efforts aimed at restricting consumer choice.

The government’s data continues to show that the premium cigar industry is not a significant factor in youth access or public health concerns,” said Joshua Habursky, Executive Director of the PCA. “This rule is long overdue and will hopefully refocus CTP on the specific issues outlined in its statutory mandate.”

Following the passage of T-21, the PCA worked diligently to persuade the CTP that premium cigars and pipe tobacco should not be a regulatory priority due to their limited appeal to youth and lack of evidence supporting addiction. The PCA’s efforts were successful in making these products the lowest priority in the FDA’s enforcement guidelines. Additionally, many of the uncontested data points were used in legal arguments that eventually led to the vacating of the FDA’s deeming rule concerning premium cigars.

The PCA continues to advocate for collaboration with the CTP to update compliance resources, such as the “This is Our Watch” program. Although CTP has yet to do so, CTP Director Brian King has agreed to engage with retailers and manufacturers at the PCA 2025 trade show in New Orleans. The “This is Our Watch” program, last updated in 2023, has not yet incorporated the current T-21 regulations, but a statement on the CTP website indicates that updates are forthcoming.

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