(A reprint of an article in Smokeshop Magazine from the February 2018 issue.)
By failing to recognize the differences between pipe tobacco and other types of tobacco products, the FDA Deeming Regulations have put disproportionate burdens on the diminutive pipe tobacco industry and traditional pipe tobacco retailers, threatening this fiercely traditional niche segment of premium tobacco.
Those of us who enjoy pipe tobacco understand its rich and unique history. What for many is a pas- sionate hobby and lifelong tradition is a foreign concept to others, including regulators at the U.S. Food and Drug Administration (FDA). Thankfully, the Pipe Tobacco Council (PTC)—the na- tional trade association of manufactur- ers and importers of pipe tobacco—is a strong and vibrant advocacy organiza- tion that represents the interests of both the industry and its consumers. In recent years, the Pipe Tobacco Council has lead the effort to protect the unique segment of the tobacco industry and will continue to expand its efforts in the years to come.
Pipe tobacco is a lifestyle. It’s a little-known and unique segment of the broader tobacco industry with roots older than this country itself. For hundreds of years, the rich tradition of pipe tobacco has been handed down through generations, creating an established economy. Those who enjoy pipe tobacco are proud of this rich history. They are knowledgeable consumers who under- stand the products they love. Their loyal- ty to the tradition and the product transcends generations, creating the unique culture that is pipe tobacco.
But not everyone seems to understand this tradition, its history, and the unique nature that is the culture of pipe tobacco. In fact, pipe tobacco is often overlooked and lumped in with the to- bacco industry writ large. For example, in over 500 pages of Deeming Rule regulations issued by the FDA, only one page discussed pipe tobacco.
This vibrant and historic tradition is casually being wiped out by an over- reaching regulatory state that ignores the unique culture of pipe tobacco and instead seeks to jam pipe tobacco into the rule-making process along with every other type of tobacco product.
In recent years, the chairman of the Pipe Tobacco Council, Kelly Michols, has sought to expand and elevate the council’s efforts to advocate on behalf of the industry. Specifically, Michols and the Pipe Tobacco Council team have worked to expand the organization into a vehicle that can lead efforts to protect the industry through these periods of distress, sought to stay ahead of the curve on the implementation of new FDA regulations, and brought retailers into the fold on these critical efforts.
These efforts are critical as the industry works through the ongoing legal and regulatory battle over the FDA’s deeming regulations. The expanded rules have brought a significant amount of duress, spawning legal battles and countless pages of bureaucratic opinions and guidance. In the months and years ahead, there will surely be more questions from, and burdens on, manufacturers, distributors, retailers and consumers.
The Pipe Tobacco Council will play a vital role in answering these questions and alleviating these burdens. Elevating the role of the council is a top priority for Michols, who serves as president of Scandinavian Tobacco Group Lane Ltd., and other council leaders. We are expanding the role of the council as we continue to educate and inform the FDA and regulators on the unique nature of the pipe tobacco industry. We can no longer accept a rule-making process that entirely ignores pipe tobacco, which is a specific and unique subset of the overall industry. The council has already started a concerted and strategic effort to raise awareness about pipe tobacco among members of Congress, FDA regulators, and other stakeholders involved in the process. Doing so, will give us a greater say in the important decisions that matter to those who love pipe tobacco.
The rule-making process though, is just one step in the overall process. The Pipe Tobacco Council is already working to stay ahead of the curve on the implementation of the new regulations, as well as the next round of rules. For example, the Pipe Tobacco Council is working to provide resources and guidance on substantial equivalence applications, as well as implementing PT testing. These initiatives will keep us ahead of the next wave of challenges.
The council also recognizes the critical role retailers play. Retailers have been directly harmed by Deeming Rule regulations, specifically the limitations on blending. The council is working to partner with retailers to advocate on behalf of their concerns. This top-to-bottom approach integrates with the entire efforts of the council.
The Cigar Association of America (CAA) works closely with the Pipe Tobacco Council. Together, our organizations represent the leading voices on issues important to every segment of the industry.
We are working jointly to grow the influence of the council with legislators and regulators, provide innovative resources to help industry members navigate these challenging waters, and partner with retailers to represent their concerns as well.
These are important steps—and our work is an important partnership—to protect the rich and vibrant culture of pipe tobacco, which has survived hundreds of years of change and innovation because it is a unique lifestyle that transcends generations. We will survive the next wave of legal and regulatory challenges because of the Pipe Tobacco Council and it’s ongoing efforts.
