Chapter 1 Annex
Premium Cigar Definitions
As described in Chapter 1, there is no formally agreed-upon definition of what constitutes a “premium” cigar, and different entities might use this term differently. Although the committee was not tasked with developing such a formal definition, it did examine existing definitions and developed a working definition for its own efforts (see Chapter 1). The tables in this annex present existing definitions of premium cigars and a comparison of the characteristics that the committee used to inform its working definition. Table 1A-1 shows existing definitions sorted by source. Table 1A-2 shows the same definitions sorted by the categories of defining characteristics as listed in the Food and Drug Administration (FDA) advanced notice of proposed rulemaking (ANPRM) on regulation of premium cigars (FDA, 2018). The tables are not intended as an exhaustive list of all existing definitions.
TABLE 1A-1 Premium Cigar Definitions—Sorted by Definition
| # | Source | Definition |
|---|---|---|
| 1 | August 2020 court ruling prohibiting enforcement of premarket authorization requirements for premium cigars (FDA, 2020) | Wrapped in whole tobacco leaf |
| Contains a 100% leaf tobacco binder | ||
| Contains at least 50% (of the filler by weight) long filler tobacco (whole tobacco leaves that run the length of the cigar) | ||
| Is handmade or hand rolled (i.e., no machinery was used apart from simple tools, such as scissors to cut the tobacco prior to rolling) | ||
| Has no filter, nontobacco tip, or nontobacco mouthpiece | ||
| Does not have a characterizing flavor other than tobacco | ||
| Contains only tobacco, water, and vegetable gum with no other ingredients or additives | ||
| Weighs more than 6 pounds per 1,000 units | ||
| 2 | NCI Tobacco Control Monograph No. 9: Cigars: Health Effects and Trends23 (NCI, 1998) | Diameters ranging from 12 to 23 mm and lengths between 12.7 and 21.4 cm |
| Carry bands with an imprint of their brand name and/or manufacturer’s name or logo | ||
| Leaves are primed and hung individually on strings in sheds or barns for air-curing | ||
| Do not contain reconstituted tobacco as binder, wrapper, or both | ||
| 3 | NCI website24 (NCI, 2010) | Can measure more than 7 inches in length |
| Typically contain between 5 and 20 g of tobacco | ||
| Some contain the tobacco equivalent of an entire pack of cigarettes | ||
| Can take between 1 and 2 hours to smoke | ||
| 4 | Corey et al., 2018 | Consist of more expensive tobacco varieties and components, such as whole tobacco leaf wrapper and binder |
| May be assembled by hand | ||
| Usual price25 paid per stick of greater than or equal to $2 | ||
| 5 | Corey et al., 2014 | Does not have a filter or tip |
| Described by the manufacturer or merchant as containing high-grade tobaccos in the filler, binder, or wrapper |
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23 Also for “many regular cigars.”
24 Unclear distinction between large and premium cigars.
25 “Price per cigar was calculated as the usual price the participant reported paying divided by the number of cigars sold in the usual unit purchased” (Corey et al., 2018).
| # | Source | Definition |
|---|---|---|
| 6 | Arkansas Department of Finance and Administration, n.d. | Invoice price26 (before discounts) equal to or greater than $0.7576 per cigar |
| 7 | SB18-126: Traditional and Large Premium Cigars Tax Definition27 (Colorado General Assembly, 2018) | Is wrapped in 100% leaf tobacco |
| Is bunched with 100% tobacco filler | ||
| Does not contain a filter, tip, or nontobacco mouthpiece | ||
| Weighs at least 6 pounds per 1,000 units | ||
| Has a 100% leaf tobacco binder and is hand rolled; has a 100% leaf tobacco binder made using human hands to lay the tobacco leaf wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or has a homogenized tobacco leaf binder and is made in the United States using human hands to lay 100% leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar | ||
| 8 | New Hampshire Department of Revenue Administration, 2020 | Are made entirely by hand of all natural tobacco leaf |
| Are hand constructed and hand wrapped | ||
| Weigh more than 3 pounds per 1,000 cigars | ||
| Are kept in a humidor | ||
| 9 | Cigar Advisor (Korb, 2011) | Made entirely by hand with long leaf tobaccos, although some mixed filler (long and short leaf) handmade cigars would qualify |
| 10 | Frontline Cigars, n.d. | Made entirely by hand |
| Are harvested, cured, and fermented the same way as nonpremium cigars | ||
| Only use tobacco | ||
| Are not chemically treated to alter the color and taste of the product (i.e., the color, taste and flavor profile are all achieved through the curing and fermentation process) |
NOTE: cm = centimeter; FDA = Food and Drug Administration; g = gram; mm = millimeter; NCI = National Cancer Institute.
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26 “Invoice price means the price that a wholesaler or retailer of tobacco products pays to a manufacturer, importer, or distributor for tobacco products that the wholesaler or retailer subsequently sells in the state” (Arkansas Department of Finance and Administration, n.d.).
27 “Traditional large and premium cigar.”
TABLE 1A-2 Premium Cigar Definitions—Sorted by FDA ANPRM Category of Defining Characteristic
| FDA ANPRM category of defining characteristic28 | Part of definition relevant to category of defining characteristic | # |
|---|---|---|
| Size (e.g., length, ring gauge, total weight) | Diameters ranging from 12 to 23 mm and lengths between 12.7 and 21.4 cm | 2 |
| Can measure more than 7 inches in length | 329 | |
| Tobacco filler type and minimum required percentages of each filler per cigar | Contains at least 50% (of the filler by weight) long filler tobacco (whole tobacco leaves that run the length of the cigar) | 1 |
| Made entirely by hand with long leaf tobaccos, although some mixed filler (long and short leaf) handmade cigars would qualify | 9 | |
| Is bunched with 100% tobacco filler | 730 | |
| Fermentation type | Leaves are primed and hung individually on strings in sheds or barns for air-curing | 231 |
| Are harvested, cured, and fermented the same way as nonpremium cigars | 10 | |
| Wrapper and binder composition (e.g., whole leaf, reconstituted or homogenized tobacco leaf) | Wrapped in whole tobacco leaf | 1 |
| Contains a 100% leaf tobacco binder | 1 | |
| Do not contain reconstituted tobacco as binder, wrapper, or both | 2 | |
| Consist of more expensive tobacco varieties and components, such as whole tobacco leaf wrapper and binder | 4 | |
| Described by the manufacturer or merchant as containing high-grade tobaccos in the filler, binder, or wrapper | 5 | |
| Is wrapped in 100% leaf tobacco | 732 | |
| Only use tobacco | 10 |
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28 See https://www.federalregister.gov/documents/2018/03/26/2018-06047/regulationof-premium-cigars.
29 Unclear distinction between large and premium cigars.
30 “Traditional large and premium cigar.”
31 Also for “many regular cigars.”
32 “Traditional large and premium cigar.”
| FDA ANPRM category of defining characteristic28 | Part of definition relevant to category of defining characteristic | # |
|---|---|---|
| Where the tobacco used for premium cigar filler or wrappers is grown, and whether differences in growing practices for that tobacco, as compared to tobacco used in other cigars, result in different health impacts | ||
| Presence or absence of a filter | Has no filter, nontobacco tip, or nontobacco mouthpiece | 1 |
| Does not have a filter or tip | 4 | |
| Does not contain a filter, tip, or nontobacco mouthpiece | 733 | |
| Presence or absence of a mouthpiece | Has no filter, nontobacco tip, or nontobacco mouthpiece | 1 |
| Does not contain a filter, tip, or nontobacco mouthpiece | 7 |
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33 “Traditional large and premium cigar.”
| FDA ANPRM category of defining characteristic28 | Part of definition relevant to category of defining characteristic | # |
|---|---|---|
| Manufacturing and assembly process (e.g., including any production by hand or by machine) | Is handmade or hand rolled (i.e., no machinery was used apart from simple tools, such as scissors to cut the tobacco prior to rolling) | 1 |
| May be assembled by hand | 4 | |
| Has a 100% leaf tobacco binder and is hand rolled; has a 100% leaf tobacco binder made using human hands to lay the tobacco leaf wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or has a homogenized tobacco leaf binder and is made in the United States using human hands to lay 100% leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar | 734 | |
| Are made entirely by hand of all natural tobacco leaf | 8 | |
| Are hand constructed and hand wrapped | 8 | |
| Made entirely by hand with long leaf tobaccos, although some mixed filler (long and short leaf) handmade cigars would qualify | 9 | |
| Made entirely by hand | 10 | |
| Rate of production (e.g., “produced at no more than [insert number] units per minute”) | ||
| Presence or absence of flavor-imparting compounds, flavor additives, or characterizing flavors other than tobacco | Does not have a characterizing flavor other than tobacco | 1 |
| Are not chemically treated to alter the color and taste of the product (i.e., the color, taste, and flavor profile are all achieved through the curing and fermentation process) | 10 | |
| Presence or absence of any additives other than cigar glue | Contains only tobacco, water, and vegetable gum with no other ingredients or additives | 1 |
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34 “Traditional large and premium cigar.”
| FDA ANPRM category of defining characteristic28 | Part of definition relevant to category of defining characteristic | # |
|---|---|---|
| Nicotine content | Typically contain between 5 and 20 g of tobacco | 335 |
| Some contain the tobacco equivalent of an entire pack of cigarettes | 336 | |
| Tar delivery amounts (and how this should be defined and measured) | ||
| Carbon monoxide delivery amounts (and how this should be defined and measured) | ||
| Retail price | Usual price37 paid per stick of greater than or equal to $2 | 4 |
| Invoice price38 (before discounts) equal to or greater than $0.7576 per cigar | 6 | |
| Frequency with which price changes are initiated by particular levels in the distribution chain (retailers, manufacturers, importers, and/or distributors) | ||
| Packaging quantity and size | ||
| Any action directed to consumers, by a retailer or manufacturer, such as through labeling, advertising, or marketing, which would reasonably be expected to result in consumers believing that the tobacco product is a premium cigar | Carry bands with an imprint of their brand name and/or manufacturer’s name or logo | 2 |
| Weight39 | Weighs more than 6 pounds per 1,000 units | 1 |
| Weighs at least 6 pounds per 1,000 cigars | 740 | |
| Weigh more than 3 pounds per 1,000 cigars | 8 |
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35 Unclear distinction between large and premium cigars.
36 Unclear distinction between large and premium cigars.
37 “Price per cigar was calculated as the usual price the participant reported paying divided by the number of cigars sold in the usual unit purchased” (Corey et al., 2014).
38 “Invoice price means the price that a wholesaler or retailer of tobacco products pays to a manufacturer, importer, or distributor for tobacco products that the wholesaler or retailer subsequently sells in the state” (Arkansas Department of Finance and Administration, n.d.).
39 Not included in the categories listed in FDA’s ANPRM on regulation of premium cigars.
40 “Traditional large and premium cigar.”
| FDA ANPRM category of defining characteristic28 | Part of definition relevant to category of defining characteristic | # |
|---|---|---|
| Other41 | Can take between 1 and 2 hours to smoke Are kept in a humidor | 342 |
| 8 |
NOTE: ANPRM = advanced notice of proposed rulemaking; cm = centimeter; FDA = Food and Drug Administration; g = gram; mm = millimeter.
REFERENCES
Arkansas Department of Finance and Administration. n.d. Tobacco products (other than cigarettes and cigarette papers). https://www.dfa.arkansas.gov/excise-tax/miscellaneous-tax/tobacco-products-other-than-cigarettes-and-cigarette-papers (accessed March 30, 2021).
Colorado General Assembly. 2018. SB18-126. Traditional and large premium cigars tax definition. https://leg.colorado.gov/bills/sb18-126 (accessed March 30, 2021).
Corey, C. G., E. Holder-Hayes, A. B. Nguyen, C. D. Delnevo, B. L. Rostron, M. Bansal-Travers, H. L. Kimmel, A. Koblitz, E. Lambert, J. L. Pearson, E. Sharma, C. Tworek, A. J. Hyland, K. P. Conway, B. K. Ambrose, and N. Borek. 2018. U.S. adult cigar smoking patterns, purchasing behaviors, and reasons for use according to cigar type: Findings from the Population Assessment of Tobacco and Health (PATH) study, 2013–2014. Nicotine & Tobacco Research 20(12):1457–1466.
Corey, C. G., B. A. King, B. N. Coleman, C. D. Delnevo, C. G. Husten, B. K. Ambrose, and B. J. Apelberg. 2014. Little filtered cigar, cigarillo, and premium cigar smoking among adults—United States, 2012–2013. Morbidity and Mortality Weekly Report 63(30):650–654.
FDA (Food and Drug Administration). 2018. Regulation of premium cigars. A proposed rule by the Food and Drug Administration on 03/26/2018. https://www.federalregister.gov/documents/2018/03/26/2018-06047/regulation-of-premium-cigars (accessed March 30, 2021).
FDA. 2020. CTP statement on premarket authorization requirements for premium cigars. https://www.fda.gov/tobacco-products/ctp-newsroom/ctp-statement-premarket-authorization-requirements-premium-cigars (accessed March 30, 2021).
Frontline Cigars. n.d. What is the difference between a premium and non-premium cigar? Premium vs. non-premium cigars. https://www.frontlinecigars.com/pages/what-is-the-difference-between-a-premium-and-non-premium-cigar (accessed March 30, 2021).
Korb, G. 2011. What is a “premium cigar”? https://www.famous-smoke.com/cigaradvisor/what-is-a-premium-cigar (accessed March 30, 2021).
NCI (National Cancer Institute). 1998. Cigars: Health effects and trends. Tobacco control monograph no. 9. NIH pub. No. 98-4302. Bethesda, MD: National Cancer Institute.
NCI. 2010. Cigar smoking and cancer. https://www.cancer.gov/about-cancer/causes-prevention/risk/tobacco/cigars-fact-sheet (accessed March 30, 2021).
New Hampshire Department of Revenue Administration. 2020. Frequently asked questions—tobacco tax. https://www.revenue.nh.gov/faq/tobacco.htm (accessed March 30, 2021).
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41 Not included in the categories listed in FDA’s ANPRM on regulation of premium cigars.
42 Unclear distinction between large and premium cigars.
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