Several industry trade groups and cigar companies have sued California’s Attorney General over a looming cigar registration list, or UTL.
The Unflavored Tobacco List is California’s official list of tobacco products legally recognized as unflavored; only products on the UTL can be sold in the state—anything not on the list is considered flavored and is banned.
The lawsuit alleges the state failed to exempt premium cigars from the regulatory process despite federal rules and court decisions recognizing cigars are distinct from other tobacco products.
It also contends that by requiring a separate registration for each SKU, the registry requirement imposed an arbitrary and expensive premarket review.
The suit also alleges that the state intends to prohibit cigar manufacturers from describing the tasting notes of their cigars, which the plaintiffs believe is a First Amendment violation.
California’s Attorney General says that if premium cigar manufacturers do not submit a voluminous application for every size, shape, and blend of premium cigar by October 9, those cigars will need to be pulled off the shelves of retailers.
“The California UTL is a classic example of a regulatory burden that hurts small businesses, including PCA retail and manufacturer members, and is especially harmful to boutique companies and brands that offer brick and mortar shop exclusives or limited editions. PCA is proud to join in this lawsuit to take a stand at the state level in California, just like we did at the federal level, once again protecting our members through the courts,” Joshua Habursky, chief executive officer of the Premium Cigar Association, said in a press release.
The law requires the list to be completed by Dec. 31.
