December 2016
Last week, the FDA issued warning letters to Swisher International and three other tobacco companies advising them that the FDA has determined that theyare in violation of federal law and regulation by selling flavored cigarettes labeled "little cigars." The warning letter outlined a series of violations including, selling cigarettes with a characterizing flavor (flavored cigarettes – with exception of menthol – have been banned by Congress), inappropriately labeling a cigarette a "little cigar" and mislabeling tobacco products. The distinction between cigarettes and little cigars is important for many reasons including because of higher federal excise taxes on cigars and different sets for FDA regulations on the two product categories.