E-270: FDA Cigar Regulation; Tincup Colorado Whiskey; Daily Fantasy Sports

Podcast 270, 5/8/ … For a second week, we’ve had scheduling difficulties, so it’s Jason’s turn to get back into the saddle again with a solo podcast. Jason shares the high-level damage of the FDA’s newly announced cigar regulations, but Duane from Oklahoma swoops in with a call to review the Oliva Serie O. After the review, Jason gives the Tincup Colorado whiskey a spin to lubricate the discussion about the ongoing legal woes for the daily fantasy sports industry.

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4 thoughts on “E-270: FDA Cigar Regulation; Tincup Colorado Whiskey; Daily Fantasy Sports

  1. Pingback: VLO Podcast (E-270) -- FDA regs, Tincup whiskey, daily fantasy sports | A Mild Voice of Reason

  2. Mike Reply

    “Sunday, May 5?”

    While I am no fan of the FDA regulation, I still believe there is a lots of worst-case scenario fear mongering going around that while not as bad as a couple years ago, is still a bit of going into the unknown.

    These rules did not mandate plain packaging like in Australia, nor did they ban walk-in humidors. Both were constantly bandied about online.

    Almost nothing changes for 2-3 years. I think there is a good chance courts will delay most of these (cigars and e-cigs) regulations, and some might get overturned or modified. At any rate, hundreds (thousands?) of cigar types are grandfathered and do not have to change.

    The rules say minor blending changes for quality control do not require a new-product submission. Everything on the market 3 years from now is automatically OK until the FDA says otherwise.

    Remember that since 2009, the FDA has only pulled 4 major cigarette brands off the market, banned 2 minor imported brands that weren’t even sold in the US anymore, and made Natural American Spirit remove references to “additive-free tobacco.” That’s it. Everything else is still being sold as it was prior to 2009.

    On-site cigar rollers do have to register as a “cigar manufacturer,” and while that must have some cost, the fees are based on market share. A single guy selling cigars in the Nola French Quarter cannot have measurable market share. That doesn’t mean that many may decide it’s not worth the hassle.

    The cigar industry says the rules will force companies to spend hundreds of thousands of dollars on product approval. The FDA disagrees and says many products should be able to get a “substantial equivalent” designation for far less. The truth is probably somewhere between the two.

    The FDA says it will go after flavored cigars (I have never been a fan), but considering how long it took to get these regs issued, it will likely be years before anything happens.

    The rules’ effects of e-cigarettes are much less clear.

    • jason Post authorReply

      Regarding packaging — a synopsis of the rules I saw suggested the FDA was going to require per-product warning labels. Whether that means that a warning sticker has to sit on your cellophane wrapper, or just on the box, isn’t obvious to me.

  3. Mike Reply

    The FDA says the warning rule can be satisfied by posting all 6 rotating warnings at the point of sale (near the cash register).

    The warnings will have to go on the outside of the box but not the individual cigars.

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