Random Thoughts

The FDA has decided to ban flavored cigarettes.  The question many are asking is does the ban cover flavored cigars too?  Here’s how the FDA handled that question:

The distinction between cigarettes and cigars has long revolved around the wrapping. Cigarettes are made of tobacco wrapped in paper, and cigars are made of tobacco wrapped in tobacco or paper constituted from tobacco. The tobacco inside the products also generally differs.

…

Dr. Deyton was asked several times if Tuesday’s ban applied to any little cigars or cigarillos. “According to the law, if something is wrapped in a tobacco leaf, that would not be considered,” he said and then stopped and added: “Hold on just a second.”

After a delay, Catherine Lorraine, a lawyer in the agency’s tobacco center, got on the call and said that if consumers believe a product is a cigarette, then the law defines it as a cigarette no matter how it is wrapped or labeled.

“We will be looking at products on an individual basis to determine if it meets that aspect of the legislation,” Ms. Lorraine said.

That’s right folks: the FDA lawyers are saying that subjective consumer impressions — and not the objective characteristics of the product — determine whether sale is legal.