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Herrera onCIGAR LAWTMSince 2001

Herrera on CIGAR LAWTM Since 2001

There Is Only One Cigar LawTM

The law of the premium cigar, read closely. Regulation, trade, Cuba, Europe and brand protection for the people who grow, make, import and sell premium cigars, written by Frank Herrera, counsel to the cigar industry since 2001. Published since 2009.

Cigar Law™ seal, since 2001
  • Since 2001Counsel to the premium cigar industry
  • 25 yearsState and federal litigation, regulatory and transactional practice
  • Four regionsClients making cigars in the Dominican Republic, Nicaragua, Honduras and Europe
  • Since 2009Herrera on Cigar LawTM first published, now relaunched

FDA & Premium Cigars

FDA Is Rewriting the Premarket Rulebook. Cigar Makers Should Pay Attention.

FDA plans to replace the 2021 rule that governs premarket tobacco applications. The coverage has been about vapes and pouches, but the same rule holds the federal premium cigar definition, the grandfather recordkeeping requirements and the only route to market for a cigar with no predicate.

By Frank Herrera7 min read
  • On September 28, 2026, FDA said it intends to write a new rule to replace the 2021 PMTA framework. It published no proposal, no timetable and no list of affected products. Current rules stay in force until a new one is final.
  • The announcement followed a lawsuit by Altria's Helix and NJOY subsidiaries attacking how FDA starts the 180-day review clock. On October 8, the court in Lubbock stayed the case while FDA writes.
  • The 2021 rule is not just a vape rule. Part 1114 is where the federal premium cigar definition is codified, and the same rule created the records manufacturers must keep to prove a product was on the market on February 15, 2007.
  • Flavored cigars, cigarillos, machine-made cigars and handmade cigars that miss any of the eight premium elements remain inside FDA's premarket system, and a cigar with no predicate can reach market only through a PMTA.
  • Cigar companies should audit their grandfather files, re-check each product against the premium definition and plan to comment when FDA publishes a proposed rule.

Analysis

Latest

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On the calendar

Key dates ahead

All dates and calendar feed
  1. Oct62026
    CBP CAPE Phase 3 opens for finally liquidated IEEPA entries Limited to importers covered by a court-ordered reliquidation.
    Read the analysis
  2. Oct302026
    Cuba professional meetings travel wind-down ends Last day of the wind-down after OFAC removed the professional meetings general license.
    Read the analysis
  3. By end of 2026
    European Commission's targeted date for proposing the Tobacco Products Directive revision A stated target, not a fixed deadline.
    Read the analysis

The briefing

The developments that matter to the cigar trade, when they matter.

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