Also this new RYO phenomena- RYO stores sprung up across the country. They were places that took advantage of after-market large industrial rolling machines and re-outfitted them like slot machines. They put these in back rooms of stores that sold pipe tobaccos in bags. They also took advantage of bagged value pipe tobacco blends that did not have the same taxes on them as cigarettes, so they could sell a pound of tobacco for, and you could purchase a carton of tubes, go to their back rooms where Guido allowed you to use their machines to shred and roll up a carton of cigarettes. Voila, a carton of cigarettes for $8 +cost of tubes, avoiding all cigarette taxes.
You could even take a latakia blend and add it in to give you the flavors of long lost cigarette that had latakias or add some Captain Black for a more aromatic cigarette. Note: Camel Royals are a new cigarette that has the same flavorings as these Captain Black RYOs.
The tricky thing in courts was that while pipe tobaccos were less taxed, there was no real distinction between pipe tobacco and cigarette tobaccos.
So, when the FDA (AKA, Big Cigarette) went after RYO and vapes, the premium pipe tobaccos were caught in the nets. Big Cig was losing billions of dollars in revenue to RYO stores, which was utilizing the pipe tobacco loophole to bypass taxes.
Big Cig tried to use the manufacturers licensing angle to go after RYO, but RYO snuck around the ruling, by putting the machines in areas of the store called "clubs" where member paid a yearly membership to use the machines. So, for $1 a year, you were a member of a private club, and the stores were not manufacturing the cigarettes... legally.
So, the Big Cig FDA became what it is today, going after pipe tobaccos and cigars. It had nothing directly to do with anti-smokers, nor the government.
Lost money, bypassed taxes, and testing costs. Big Cig said that if they had to spend millions on testing their products and monitoring nicotine and tars, then everyone else should also. And, manufacturing fees. They wanted cigars and pipe tobaccos to pas as much ads they do for these legal fees. But, pipe tobacco and cigars are much smaller fish that cannot afford to swim in those Big Cig waters.
So, to be fair, when we talk about the FDA, we are talking about the two leading cigarette manufacturers. They occupy the board and control all of the laws we are facing now.
Does that help? Follow the money.