Cigars have fewer federal regulations than cigarettes and oral tobacco products.
Warnings of proven health risks, much like those required for cigarettes, were added to most cigar ads and packages as a result of a June 2000 legal settlement between the Federal Trade Commission and the 7 largest US cigar companies (representing 95% of the US market). The labels on cigars made by these 7 companies carry 1 of the following 5 Surgeon General warnings, on a rotating basis:
- Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale.
- Cigar smoking can cause lung cancer and heart disease.
- Tobacco use increases the risk of infertility, stillbirth, and low birth weight.
- Cigars are not a safe alternative to cigarettes.
- Tobacco smoke increases the risk of lung cancer and heart disease, even in non-smokers.
In 2009, a new federal law gave the Food and Drug Administration (FDA) broad powers to regulate tobacco products (cigarettes and oral tobacco products), including marketing, promotion, labeling, and many other aspects of their sale to the public. Cigars are considered tobacco products under the new law, but the law does not automatically apply to cigars. The FDA must first issue a regulation deeming cigars to be subject to the law, which it has not yet done.
At this time, cigars are exempt from federal tobacco regulations that limit advertising and restrict underage children from buying cigars. But all 50 states and the District of Columbia have laws that either clearly address children and teens’ access to cigars or forbid underage children from buying any tobacco products.
Cigarettes, little cigars, and oral tobacco products cannot be advertised on television, radio, or any other form of electronic communication regulated by the Federal Communications Commission. At this point, this ban does not include regular cigars.
Despite the laws that forbid underage children from buying them, cigars are easy to get. A study done in the year 2000, found more than 140 Internet sites that sold cigars, with almost 1 in 3 having potential youth appeal. Only about 1 out of 4 of these sites clearly banned sales to minors. On about 1 out of 3 of the sites, cigars could be bought with money orders, cashier’s checks, or cash-on-delivery (COD) – options that make it hard to check the age of the buyer. US companies are generally working harder to check buyers’ ages, but there are now international Web sites that sell tobacco products around the world. Some of these use the honor system for determining a buyer’s age.
Since the mid-1960s the Federal Trade Commission has overseen a testing program to report the amount of tar, nicotine, and carbon monoxide for most brands of cigarettes. But cigars are not required to go through these tests, and makers of cigars do not have to report such levels to any federal agency.
As of April 2009, federal tax rates for cigars have gone up. Little cigars are now taxed at a rate of $1.01 per pack of 20, the same rate as for a pack of cigarettes. The federal tax on cigarillos and large cigars depends on the price of the cigar, but can be up to a maximum of 40 cents per cigar. But state taxes generally add more to the cost of tobacco products than federal taxes, and many states tax cigars at a much lower rate than cigarettes. Taxes on cigars vary by state.. This means that small cigars are much cheaper than cigarettes in most states, which means that teens and poorer people can more likely afford them.
Research and reduction in smoking is still needed
Tobacco in any form is a deadly product. Research continues to show that cigar smoking can cause a number of serious health problems. The rising rates of cigar smoking, especially among young people, point out the need for public awareness and a wide-ranging national policy to deal with this growing public health problem.
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