New FDA Regulations: How Do They Impact the Pipe World?
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Kevin Godbee - Aug 2, 2016
- 6 min read
Tom Wolfe
There has been a lot of hype and rumor the last few months about the new FDA "Deeming" rules that go into effect on August 8, 2016. What with the Nashville Pipe Show being cancelled, and several pipe makers deciding to quit the business, there is a lot of panic in the industry.
First, a little background is in order. Congress passed the Family Smoking Prevention & Tobacco Control Act of 2009, which granted the FDA authority over cigarettes, roll-your-own and smokeless tobacco. The law also allowed the FDA to "deem" new products to be covered under the law. E-cigarettes became popular in the US after the law was passed, so the FDA "deemed" them to be covered. Unfortunately, the FDA also decided to "deem" cigars and pipes while they were at it. (Yes, you can blame the Obama administration for this.)
The FDA’s new definition of a "tobacco product" includes pipe tobacco, pipes and their parts. The rules cover manufacture, packaging, and sales. Importers of tobacco products must ensure that the tobacco products they import are in compliance with the law.
US pipe and tobacco makers (but not importers) are required to register with the FDA. They require business information, a product listing, and advertising samples for each product they manufacture.
Any new products that were not on the market on 2/15/2007 must submit a Premarket Tobacco Application that is wildly expensive. (Not even the FDA is willing to estimate the cost.) The only ways to avoid this is to prove that the new product is substantially equivalent to one on the market on 2/15/07, or to apply for an exemption for standard equivalence. Proving that your product is substantially equivalent to somebody else’s product is not acceptable.
Furthermore, only pipes and pipe tobaccos that were on the market on (not prior to) 2/15/2007 are grandfathered in. Reintroduction of an old pipe model or tobacco blend is considered by the FDA as a new product. A recent lawsuit was filed to stop the FDA from punishing the pipe & cigar industries. More on this later, first let’s see the impact of the current regulations.
Pipe Makers
The FDA deeming rules are being applied to pipes as a "tobacco product," and must be viewed in that light. Importers may just give up, not wanting to deal with the costs involved. Some of our favorite pipe brands may disappear from the US market.
The FDA is officially making no exceptions for artisan pipes. One-of-a-kind pipes may become extinct. Samples of new tobacco products must be submitted to the FDA. They recommend providing 20. How many artisan pipe makers do you think have the luxury of ‘donating’ 20 identical copies of each pipe they make?
Nonetheless, it is unclear how the FDA will enforce the rules regarding pipes, as the rules are obviously oriented towards tobacco. For example, none of their rules about product labeling apply to pipes. What is clear is that the FDA is clueless about pipes.
Pipe Tobacco
The FDA will also put many small tobacco blenders out of business. These rules will essentially close down the market for all new pipe tobacco blends. Standard Tobacco of PA has already announced that their blends (shown below) will no longer be made. They are just the first.
Older blends, which have been grandfathered in, will still need to have new warning labels taking up 30% of the tin. "WARNING: This product contains nicotine. Nicotine is an addictive chemical." These warning labels must be on all pipe tobacco manufactured after May 18th 2018. [Editor’s note: Nicotine naturally occurs in tomatoes, potatoes, eggplants, cucumbers and green peppers.]
Pipe tobacco (and pipes) will also be subject to FDA "user fees" that are in addition to the current federal tobacco taxes. Wholesale prices will go up. Nobody knows how much.
Retailers
As of 8/8/16, brick and mortar tobacco shops will no longer be able to custom blend tobacco for you. Blending tobacco is considered manufacturing by the FDA. So, custom blends are now a thing of the past. Also, no more free samples. Retailers will not be able to sell tobacco without a health warning after May 18, 2018. Fortunately, most imported and most domestic tobaccos already have California-mandated health warning labels. This will be sufficient.
The "manufacturing" handle also applies to simply packaging bulk tobacco. Many "house blends" will disappear from individual tobacco stores, as they can’t afford to meet the new FDA requirements. Jeff Packer, a Tinder Box franchise owner, stated that the Tinder Box blends will be prepackaged by their headquarters in several sizes.
Other shops’ bulk blends will have to be prepackaged and marketed using their distributor’s name. For example, one popular blend that is currently sold at retail stores under many names. In the future, it will be prepackaged as "1-Q."
The Lawsuit
The International Premium Cigar and Pipe Retailers Association (IPCPR), along with the Cigar Association of America and the Cigar Rights of America, filed suit in Federal District Court on July 15th against the FDA’s deeming rules. The lawsuit is well worth reading. It describes the issues far better than FDA’s website. It all boils down to these points.
- The FDA rules on pipe tobacco and cigars are more restrictive than Congress intended.
- The FDA’s "user fees" are essentially restrictive taxes.
- The FDA did not determine the costs vs. benefits of these rules.
- Congress could have added pipe tobacco and cigars in the original legislation and did not. Therefore, Congress clearly, did not intend for the FDA to regulate these products.
- Retailers that blend and package tobacco for customers should not be considered tobacco manufacturers.
- Pipes should not be considered "tobacco products."
The lawsuit asks the court to completely vacate these FDA rules. This is not the only lawsuit filed against the FDA Deeming rules. Just don’t count on lawsuits stopping this madness. The court may place a temporary injunction, but barring a miracle, most of the rules will remain.
The Bottom Line – Start stocking your cellars now!
A glut of new blends has shown up on the market in the last few months. Pipe tobacco makers are rushing to get on the market before the August 8th deadline. What you see now, is what you get. You won’t see many new tobaccos for quite a while, if ever.
Pipe tobaccos that came on the market between 2/15/07 and 8/8/16 have two years to submit their products for approval. This process is quite expensive, prohibitively so! I have heard estimates ranging up to $250,000 per item.
Many of these blends will disappear over the next 18-24 months, as supplies dwindle. Those that remain will be more expensive.
Artisan pipe makers may well be advised stay under their radar. The FDA is hunting for bigger fish to fry. Pipe shows may be the one saving grace for pipe makers. After all, gun shows have survived many years of scrutiny by the feds.
Don’t bother complaining to the FDA; the comment period is over. Let us all hope the lawsuit vacates the deeming rules.
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Written by Kevin Godbee
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The late Bill Unger, long-time secretary/treasurer of the North American Society of Pipe Collectors and editor of the Pipe Collector newsletter, was often quoted as saying, “If you have one pipe, you’re a pipe smoker. If you have two pipes, you’re a collector.” The question of what makes an aggregate of pipes an actual “collection” is something that I’ve often struggled with, and every attempt to pin things down has found me in the weeds. Collectors of most objets d’art tend to have some sort of focus, and to take the stance that my focus is on “pipes” has always felt a bit like a cheap way out. I have friends who collect a certain shape, or a certain maker’s work, or pipes from a specific country or era. One specializes in straight grain, always seeking the next incremental step towards perfection, while never accumulating too many pieces. I, on the other hand, have never been a specialist, but the term generalist doesn’t adequately describe my proclivity either. 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I gathered quite a few of them, ranging in size from small to quite large, and thought I’d found my niche. Of course, this wouldn’t last forever, and soon other shapes caught my attention. The prince, long and elegant, with its wider bowl and gentle curve seemed like maybe it was the perfect shape. Its slender shank and long stem result in a light pipe that keeps the smoke out of your eyes. I’ve also often posited that there is no better “pointing pipe” than the prince. Then came the lovats. Their compact shape, short saddle mouthpieces and capacious bowls seemed to be my ideal. And, speaking of compact shapes, the little “brucianaso,” exemplified by the Castello #10, was so appealing, I found myself chasing them at a time when they were exceedingly rare. The billiard, at one time, seemed sort of boring to me, but it is such a classic shape, and when cut really nicely, has its own beauty and charm. Now, I have quite a few of them. And there are the apples, with their thick, curvaceous bowls that feel so good in the hand. And the Castello #55 pot, one of Carlo Scotti’s personal faves. Get the picture? Like a butterfly, I have always flitted from shape to shape, extracting the nectar of whatever form appealed to me at the moment before moving on to the next flower. But it was always the more classic shapes, the pipes from England, France, and to a degree, those from Italy that held my interest. Then, in the late 1990s, something changed, and I became attracted to some of the Danish styles, not so much the wild “freehand” shapes, but the modernist interpretations of classic pipe forms that came from the minds and hands of the early masters. The direction of Danish pipe making was born out of a functionalist design aesthetic, where minimalism and function, elegance and nuance held priority over the ornate. These makers took familiar forms and rendered them with sleeker lines, softer curves, and a more minimalist approach. Some were additionally inspired by nature, bringing new words to the vocabulary of pipe shapes. I was intrigued, and as more of these shapes found their way into my group, they scribbled another page of an increasingly disorganized book. They didn’t displace my beloved classics, but expanded my appreciation in yet another direction. Oh, and those crazy freehands? What can I say; some of those shapes are so wildly conceived, how could I ignore them? The butterfly finds flowers wherever they are. Mostly, I’ve just accepted, or ignored my rather mercurial tastes, but once in a while, something happens to bring my “strategy” into question. The other day, I was enticed by a beautiful piece by American maker Ryan Alden. I’ve known Ryan for years, and have bought a couple of his pieces, but this pipe lived outside of his norm, and mine. I had to have it. 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Ah, the joys of spring. April showers bringing May flowers, trees budding, birds flitting in fits of joy, and hope springing eternal. As our friend e.e. cummings said, “always it’s spring and everyone’s in love”. Ah, love, yes, above all love. Have you ever fallen in love? With a pipe, that is. Yes, dear brothers of the briar, a pipe so fetching you are mesmerized by its glimmering beauty. Let’s go back some years. The Pundit was in an Alabama brick and mortar pipes and tobacco shop (memory says it was The Briary in Homewood) when naturally, the subject of pipes and tobacco took center stage in the conversation. The genteel chap behind the counter asked me if I had ever thought of owning a Claudio Cavicchi pipe? Well, no. For back in those youthful days I’d never even heard of a Cavicchi pipe, let alone a Claudio Cavicchi. “Oh,” said the gentleman behind the counter, “we have only a couple here. One is a gorgeous Canadian.” The Canadian was a blond beauty. I was moonstruck with thunderbolt love and pulled out my thin wallet. I threw in a pouch of Virginia tobacco to break in my new beauty. “You won’t be disappointed,” he called out after me. That Cavicchi hit me like a dancing string of lightning. It was a shimmering slim magnificence, purity of line and spirit. I became fascinated and wanted to know everything I could about the actual Mister Claudio Cavicchi. Lo, he was but a humble Italian farmer. But upon studying nature in his daily life, and experiencing renewal and growth from the Earth, Claudio one day decided he could craft pipes as well as crops. He became an artisanal pipe maker, a craftsman of world-renown, a master of design. Dear reader, there is a world of science and physics involved in his pipe creations and immaculate stains that just make the pipe’s grain glow. His meticulousness gave rise to his unique grading system ranging from a single “C” to a quintuple of “Cs.” More “Cs” translates to higher grades of briar. 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It was ordered along with another pouch of Virginia, just like the first iteration of so long ago. The new blond beauty smoked wonderfully well, just as did the original I let get away. Only this Canadian was a slightly better Cavicchi grade. Rest assured, it now holds down a permanent place in the Pundit rotation. I can see the wrinkles on your faces: But it’s just another Canadian, and why the Virginia tobacco to christen a new pipe? Well, my friends, if you have not yet tried a Cavicchi, it’s like the briar and leaf Meister behind that pipe and tobacco counter in Alabama said so long ago, “You won’t be disappointed.” For Claudio has that most sacred and, anymore at least, rare power: an agrarian connection to the land. A farmer who, to know success, attunes himself to nature’s rhythms and mysteries, beguilements, and cycles. As Pearl S. Buck said in The Good Earth, “and roots, if they are to bear fruits, must be kept well in the soil of the land.” For after all, what is briar but a root ball transformed by wood sculptors? If you need more encouragement, check out two wonderful pieces on Claudio: In The Workshop With Claudio Cavicchi June 22, 2016, by Shane Ireland in Makers and Artists …and Chuck Stanion’s A Closer Look At Claudio Cavicchi Dec. 17, 2018, in Makers and Artists at SmokingPipes.com I love these lines from Chuck’s insight into Cavicchi’s artistry: “This is a craftsman who knows pipes from many perspectives. He knows what makes a pipe smoke well and what makes a pipe look beautiful. He knows how to charm the briar to his bidding.” Now, concerning tobacco, if you wonder at Pundit’s preference for pure Virginia, please refer to the late and lamented McClelland No. 5100 Red Cake. 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This cellar-diving kick is really paying off, considering the time and effort that went into stocking the coffers with tobacco meant to be enjoyed with some age on its side. This month’s candidate for review is a tin of JackKnife Plug dated 6th April 2011, among the first production runs of this blend from the New World Collection. Having done a release review for it and its fraternal twin JackKnife Ready Rubbed back in 2012, and seeing as this tin is just reaching its eleventeenth birthday, it seems a fitting time to revisit what Mr. Pease hath wrought. Opening the tin with no small amount of anticipation, one can really appreciate the way patience can pay off with tobacco. The aromatics release with a whoosh of pressure, itself an immensely satisfying sound while peeling back the lid. The scents fill the air immediately, strong and sweet tones that flood the entire room: up front, the rich bitter sweetness of a Terry’s Dark Chocolate Orange, baker’s chocolate; developing over some time with nuances like rich mulched earth, brand new leather shoes, a phenolic tinge reminiscent of Dettol or pine tar, and an underlying meatiness of a lightly-charred steak. Over the course of a couple of weeks making my way through the tin, the aroma tempers down to a more familiar chocolate-covered cherry cordial with layers of parchment and a briney umami saltiness like soy or Worcestershire sauce. It’s tempting, with all this chocolaty aroma, to take a bite out of the brownie-like bar of tobacco, a feeling I’m surely not alone in contemplating. The presentation does however invite closer inspection of the tobacco, such a tangible thing when in bar form. This 11-year-old plug is only lightly dusted with the whitish ‘sugar crystals’ often found on aged Virginia blends, and peering into the layers from outermost to innermost there is a general uniformity of color and texture all the way through—again, and not to belabor the point, but the color is a rich, bitter dark chocolate-brown that perfectly mirrors the aromas. The composition of this blend is clearly no accident, no haphazard mashing together of leaf. Greg clearly set out with a goal in mind: exploring the breadth and depth of the character that could be created when working with the darling of the pipe tobacco world at the time, dark-fired Kentucky. Dark-fired enjoyed a bit of a heyday with the release of these GLP offerings, as well as a host of others such as MacBaren’s HH Old Dark Fired. Speaking on the composition of JK Plug versus Ready-Rubbed, he notes: The blend is identical, with one small exception. The plug is constructed with a core of brights, and the darker tobaccos surrounding it. This allows the brights, theoretically, to express themselves with more purity in the blend. They’re not under as great an influence from the fire-cured and red tobaccos. Doing this with the [Ready Rubbed] wouldn’t work well, because of the way the tobacco clumps, so the blocks are not stratified in this way. The same tobaccos in the same measures are just layered and pressed for the same length of time, then the blocks are sliced and tumbled. It’s the same technique used for the Old London mixtures. It was also clearly intended with aging in mind; again, in Greg’s own words: When I first designed the stuff, I had no idea what the future would bring. There was certainly no reason to think it would do anything but age wonderfully, but you never know. The plug form causes internal anaerobic fermentation, while the outer layers are still exposed to plenty of air. The other night, I opened an 8-month old tin of the final prototype. The aroma was intoxicating, and the smoke was HUGE. I think it’s safe to say it’s going to age really, really nicely. And quickly. I would have believed the tobacco in that tin to have been 5 years old already. With more than a decade under the hood waiting to prove or disprove this theory, the bar was sliced thin and thick, folded, rubbed, and stuffed into a variety of bowl geometries to tease out its flavors, and the results are resoundingly positive. The verdict? JackKnife Plug has the character and complexion of the heartiest of English blends, while being completely absent of Latakia or Oriental leaf. It ages like a peaty single-malt of the finest provenance, developing layers and depth that belie the relative simplicity of its ingredients. I quickly gravitated toward a wider, open-chambered pipe for tasting, one that I would generally use for English blends, as it naturally accommodated the finer nuances of the smoke—and the smoke is certainly huge. The top of the bowl starts with a piccolo-like overture from the Virginia-Perique nexus, with a peppery nose prominently laying the groundwork for what’s to come—think Shostakovich’s 6th, first movement (in fact, this piece is a good parallel overall; perhaps without quite as much of the bombast of later movements). The sweetness is surprisingly underplayed, however—the Perique quickly becomes a background spice, lending sour notes while falling in step with the harmony of the Virginia’s more leathery tones. The sharp edges are all well-rounded over here; far from being able to bite, this smoke develops a thick, steak-dinner mouthfeel almost immediately, one which lingers for a good while after the pipe is finished. By mid-bowl the full composition really comes together, with the darker smokiness of the Kentucky burley stepping center stage even while some of the sweetness sneaks back in. In fact, for beverage pairings I favor an extra-sweet iced tea or soft drink as personal preference. The umami of mid-bowl builds and builds through to the heel, as the chocolaty and nutty tones segue into barbecue woods and steak char, with a touch of Worcestershire still interwoven from the Perique’s spice. Somewhat surprisingly for such a stout blend, the nicotine does not overwhelm—it’s a solid medium-plus, though, best enjoyed after a meal. While my preference with the plug […]
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That’s a dry-eyed step-by-step walk through the deeming regulations as they are written and currently expected to be enforced. If the law suits delay and waylay the process, that may be a saving grace, but clearly that’s not to be expected. The effect on pipe manufacture or hand crafting sounds especially ominous, not least for our friends and compatriots at Sparta, N.C., at the Dr. Grabow plant, and Washington, Missouri, at the Missouri Meerschaum plant. And at blending workshops throughout the U.S. and beyond (beyond as relates to importing, etc.). So maybe estate pipes (and all of the pipes on your rack) will be worth five times what you’d ask today, but that isn’t much fun, nor solace. Most of us don’t won ’em to sell ’em anyway. Thanks, Tom, good story, hard reality. Looking for a brighter day.
I’m obviously missing something here.
I’m looking at the FDA’s published document on rules governing tobacco product manufacturers and importers. on page 3 of their summary the FDA explicitly EXCLUDES “components and parts not made or derived from tobacco”. On page 5 the FDA gives EXPLICIT examples of items EXCLUDED from regulation including “Pipe, mouthpieces, pipe bowls”. So please explain to me, when the FDA EXPLICITLY EXCLUDES REGULATION of these items in its PUBLISHED GUIDELINES how any of this requires pipe carvers to provide 20 example of their work for FDA approval. Either I’m missing something, or somebody else did and error is becoming a “fact”.
There are other parts of the article that don’t exactly gibe with what I’ve read, but let’s start with that one.
I,too, agree. This is somewhat different from what I’ve been reading. I also don’t believe that all of this will stick. The silence in response to this article is palpable.
The web page defining the FDA Regulation of Pipe Tobacco specifically states “This includes components and parts such as pipes, but excludes accessories such as lighters.”
Here is the link: http://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm482580.htm
My honest opinion ,in french, f—- them. Don’tworry till they knock on your door. And in all likelihood, they won’t. This is tantamount to the Volstad act and it just won’t-Jeb yes, I’m not afraid to voice my opinion. There are loopholes.
Carry on your business as you have. Let them come see you,and make the first move.Dee
The FDA COULD be about to seriously impinge, and eventually to “abrogate”, the civil rights of the “original pipe makers & smokers”, Native Americans themselves.
I say this because where the FDA seems to be strongly intending to affect the availability of much more than just pipe mixtures themselves, but just about everything involved with our enjoyment – pipes, pouches for tobacco, “you name it” – just as “sablebrush52” has reminded us that the “FS & TCA” from 2009 PROHIBITS the FDA from affecting ANYTHING more than pipe mixtures, PERIOD.
With a serious number of the 600+ Federally- and state-recognized Native American tribes (the number for the entire United States), for those tribes within that number living east of the Rocky Mountain Continental Divide that still have involvement with tobacco as a traditional part of their cultures and traditions, and everything that’s connected with them, ANY move by the FDA – even the long-feared “tobacco-pocalypse” of a 16-fold increase in pipe mixture Federal excise taxes to hearly $50/pound, among many other measures the above article includes – WOULD impact such long-held civil rights of indigenous Americans, something they should NOT be expected to ignore in any manner.
A recent attempt to auction off Chief Red Cloud’s catlinite, or “pipestone” bowl/shank ceremonial pipe by the State of Texas – in VIOLATION of Federal law – is being opposed vigorously by the Oglala Lakota of today, as mentioned at http://thinkprogress.org/justice/2016/06/07/3785666/native-american-auction-cultural-items/ as evidence of HOW strongly some tribes feel about anyone messing with their civil rights…(just copy & paste if it’s not an active link to get there)…and likewise, the native peoples of the USA have their own civil-rights-related site at http://www.narf.org/ .
If the FDA manages to get so “controlling” concerning pipe tobacco AND everything that goes along with it, that involves both general American culture, AND the Native American tribal nations that have always had, and continue to have a cultural and spiritual involvement with pipes and their tobacco, it IS eventually going to impact them as well…and in a much more serious manner…as it IS, quite likely — even if it’s seem by some as a non-intentional “infringement” of such rights — the tribal cultures being affected will quite rightly see such FDA action as a central attack on Native American civil rights regarding pipe tobacco and everything else that’s directly related to such traditions and culture.
Check this – sent over from the author – I haven’t had a chence to read it yet –
http://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm482580.htm
The problem is that pipes are defined as “components or parts” of pipe tobacco. It doesn’t make sense, but that is why it is part of the lawsuit mentioned in the article.
“In 2016, FDA finalized a rule extending our regulatory authority to cover all tobacco products, including pipe tobacco. FDA now regulates the manufacture, import, packaging, labeling, advertising, promotion, sale, and distribution of pipe tobacco. This includes components and parts such as pipes, but excludes accessories such as lighters.”
See the following link for details: http://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm482580.htm
Thanks Kevin.
I touted contacting our Congressmen/women, but now, of course, they are on Summer “recess”. But THEIR OFFICES STILL WILL TAKE OPINIONS FROM THEIR CONSTITUTENTS – PLEASE CALL THEM TOMORROW! Let them know that this overkill will eliminate multitudes of jobs, shut industry and retailers, is restraint of trade, and is an affront to ADULT CITIZENS’ freedoms. Also, Mitch Zeller, the head of the Center for Tobacco Products division of the FDA is a former lobbyist for pharmaceutical companies that produce “smoking substitution products”. Ask your Congressman to start an investigation into Zeller’s conflict of interest.
A question: cannot individuals and retailers, in some way, join these lawsuits? And/or file letters to the courts expressing our testimony and dissatisfaction with this action taken by the FDA?
To sablebrush52, I have only found the online version of the FDA deeming regulations. No page numbers given. However on one of the summary pages, tobacco components are specifically stated to include pipes. I have not found the ‘exclusions you mention. I would be very appreciative if you could give me a link to the full regulations you reference in your comment above. Thanks!
The FDA uses three different definitions of tobacco products. “Tobacco products” includes both pipe tobacco and pipes. “Covered tobacco products” includes pipe tobacco, but not pipes. “Finished tobacco products” includes both.
I had to go back and re-read everthing, keeping those definitions in mind..
Did they do their research before making these new regulations?
Did they even know artisan pipes and pipe makers existed?
Did they know about the yearly limited once off holiday pipes made?
Did they know about the yearly limited once off holiday pipe blends?
Did they know about house pipe blends?
Did they know about limited batch blends or special edition blends?
What about estate pipes and vintage tobacco sales?
How can you regulate without the research?
I think there will be much information presented at the lawsuit which of which the FDA did consider or know about.
-Tim
Clearly the FDA needs to be destroyed!
I’ve only just taken the trouble to read this. I was vaguely aware something was afoot in the States and that it was detrimental to smokers in general but never realized the severity of the situation.
Here in the UK we have crippling taxes on anything smokeable and of course have to put up with the hideous and downright disgusting stickers plastered all over our packaging but I think compared to what is happening over the pond we should count our blessings and keep quiet lest we open up the hornet’s nest.
I always thought America was the land of the free? History may well have to be rewritten.
Good luck.
Regards,
Jay.
re “did they do their research” from timpiper: no – no one in Congress did any research – can’t you understand this. Our representatives just whole-heartedly handed over a bill (probably written by the FDA Center for Tobacco Products office of the zealot Mitch Zeller) with carte’ blanche authority. Yep, let’s give them total power over this stuff and get it out of our way.
I’ve again called the offices of my Senator and Representative today, giving my opinion on this, and asking the rep to stop the FDA deeming regulation, in order to investigate the impacts, rights and legality of this. HAVE YOU?
To timpiper
Retailers do have a problem with old tobacco stock that does not carry the newly required warning labels. They must be sold before May 2018.
Pipes would also fall under the warning label requirements, but the FDA’s required labels “this product conains nicotene” and “this product is made from tobacco” obviously do not apply. This is a great example of where pipes just “fell thru the cracks”. They are really clueless when it comes to pipe making. I am still awaiting their reply to question like this.
Yes, they do know about house blends. They just do not care. Retailers that blend their own tobacco are considered pipe tobacco manufacturers under their rules. This is true if all they do is package popular blends, like 1-Q.
As to estate pipes, the FDA makes no mention of secondary markets, so that should not be a problem. (Just do not remind them about it.)
To timpiper
Retailers do have a problem with old tobacco stock that does not carry the newly required warning labels. They must be sold before May 2018.
Pipes would also fall under the warning label requirements, but the FDA’s required labels “this product conains nicotene” and “this product is made from tobacco” obviously do not apply. This is a great example of where pipes just “fell thru the cracks”. They are really clueless when it comes to pipe making. I am still awaiting their reply to question like this.
Yes, they do know about house blends. They just do not care. Retailers that blend their own tobacco are considered pipe tobacco manufacturers under their rules. This is true if all they do is package popular blends, like 1-Q.
As to estate pipes, the FDA makes no mention of secondary markets, so that should not be a problem. (Just do not remind them about it.)
Tom Wolfe
One of my least favorite things is for anyone too stick their nose in my business, yet anti-tobacco has done this worldwide, and now in my backyard. It’s hard for me to understand FDA as anything but a powerful meddler. Good thing I have plenty of pipes and a lifetime supply of tobacco, as I foresaw this day coming, you miserable bastards!
Thank God for the “dark web”. Through browsers like Tor, we can still engage in commerce without restrictions and in total privacy. I suspect we underground pipers are considered as notorious as those who want to buy LSD and nitroglycerin.
Ok guys, so we have all these rules set forth by the FDA(nsdap) . Now, I’ve seen people throw up their hands in surrender.Well, what are the ramifications ? Are they going to throw you into prison, Fine you into bankruptcy, or what. I’m tired of seeing this automatic submission to their so called authority. Push their buttons. Just my honest opinion. P.S. If your going to throw all the tobacco into the bay like tea,let me know, I’ll take it. We either hang together or surely we shall all hang saperatly. Jeb
I really hope my comments get some folks to thinking. They may run over you, but I’ll be damned if they’ll run over me or mine (of which I hope I can include all of you !) FDA take care,we’llsee ya in court.
FDA Loses lawsuit over tobacco labeling
https://www.facebook.com/groups/unitedpipeclubs/permalink/904759139650866/
“this product conains nicotene”
Tom, for one writing about tobacco and related products I would have thought you would know how to spell ‘nicotine’. As for ‘conains’ I’m sure we can put that down to a mere typo 😉
New here,.. and returning to the pipe after a 30 year break. Glad to see there is still pipe smokers out there,.. because as of now,… I have seen none and know none. I appreciate the information found here. From the article and the following comments,… I see there is some confusion as to just what is what. I have little to offer other than my support for the cause. I too have great distain for govt. telling us what is good and not good for us.
I look forward to future updates. The simpler the better,…. as all of that lawyer “gobility gook” can be quite confusing. (just as they intended it to be,.. I am sure)
It is good to be back! 🙂