Cigar - sustany/dvg GitHub Wiki

For the purposes of taxation and FDA regulation, �cigar� means �any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco� unless, �because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.�[1]� If this latter criterion is satisfied, the item is classified as a cigarette.

In determining close cases, the relevant government agency looks to whether the item tastes like a cigarette, is of typical cigarette size and shape, has a typical cigarette-type filter, is in a cigarette-type package, and/or is advertised as a cigarette.[2]� If these criteria are satisfied, the agency is likely to classify the item as a cigarette.

Cigar packaging is regulated by the 2000 consent decree between the surgeon general and cigar companies requiring that cigar packages display 5 warnings that are not as serious as those now required for cigarettes.[3]

[1] 26 U.S.C � 5702(a)-(b); 15 U.S.C. � 1322(7); 21 U.S.C. � 900 (as amended by Smoking Prevention Act of 2009).

[2] ATF Rule 73-22, available at http://www.ttb.gov/rulings/73-22.htm.

[3] See American Cancer Society, Surgeon General�s Warning to Appear on Cigar Packaging (July 14, 2000). available at http://www.cancer.org/docroot/NWS/content/NWS\_1\_1x\_Surgeon\_Generals\_Warn...