In 2009, Congress passed a law that gave the U.S. Food and Drug Administration (FDA) broad authority to regulate tobacco products and flavoring, reports UPI.  Despite this authority, four years later the FDA has left flavored cigars unregulated.  However, FDA officials remain adamant that they will be regulating flavored cigars and other tobacco products although specifics have not yet been divulged.

According to the FDA, under the Family Smoking Prevention and Tobacco Control Act, there is a prohibition on any flavoring other than tobacco and menthol in cigarettes or any of its component parts.  Flavors that are natural or artificial, as well as herbs and spices, are included in the ban.  Prohibited examples include strawberry, grape, vanilla, orange, clove, cinnamon, pineapple, coconut, licorice, cocoa, chocolate, cherry, and coffee.

Flavored cigars and tobacco products draw young smokers, reports the New York Times.  While data from the Alcohol and Tobacco Tax and Trade Bureau (TTB) shows that the sales of cigarettes have come down over the past decade, there is an overwhelming increase in use of cheaper alternatives.  The flavored varieties are generally smoked by young people.  Additionally, tobacco manufacturers are using loopholes and technical definitions to avoid regulation.  For example, the FDA recently warned several companies that were disguising roll-your-own tobacco as pipe tobacco, which allows the company to avoid federal taxes and FDA regulation.

The New York Times continues to explore concerns expressed by critics of FDA inaction.  These flavored products are popular among the poor and black.  They argue that this continues a cycle of disparity and health inequalities.  Specifically, black youth have higher smoking rates now than in 2009, coinciding with a lower life expectancy.

The Campaign for Tobacco-Free Kids reports that there was an increase of seven billion cigar sales between 2000 and 2012.  High school students and young adults smoke cigars at double the rate of adults.  In some states, youth cigar smoking surpasses the rate of cigarette smoking.  The report by the Campaign for Tobacco-Free Kids confirms the health risks associated with cigars.  Cigar smoke has the same toxins as cigarette smoke, causing cancer, heart disease, and chronic obstructive pulmonary disease (COPD).

Many of the products that cause concern for those supporting regulation by the FDA are newer products.  They did not exist on the market 10 years ago, but with more government regulation and control, companies adapted.  By developing these new products, they were able to sell tobacco in forms that did not always meet definitions of products that are restricted or taxed.  As the FDA takes stronger action, newer products will come under regulation.