Food and Drug Administration   |  July 16, 2018

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Before FDA can develop an accurate definition of “premium cigars” for its regulatory purposes under the Tobacco Control Act, it must make a more fundamental determination about how to more readily distinguish between “cigars” and “cigarettes,” consistent with how those terms are defined in the Tobacco Control Act and with the Act’s public health purpose. Until FDA develops a clear dividing line between cigars and cigarettes based on distinguishing characteristics (and not on how the manufacturer decides to label them), cigarettes mislabeled as cigars will continue to evade compliance with the much more strict legal requirements in the Tobacco Control Act and related FDA rules that apply to cigarettes but not to cigars.

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