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Herrera onCIGAR LAWTMSince 2001

Herrera on CIGAR LAWTM Since 2001

There Is Only One Cigar LawTM

The law of the premium cigar, read closely. Regulation, trade, Cuba, Europe and brand protection for the people who grow, make, import and sell premium cigars, written by Frank Herrera, counsel to the cigar industry since 2001. Published since 2009.

Cigar Law™ seal, since 2001
  • Since 2001Counsel to the premium cigar industry
  • 25 yearsState and federal litigation, regulatory and transactional practice
  • Four regionsClients making cigars in the Dominican Republic, Nicaragua, Honduras and Europe
  • Since 2009Herrera on Cigar LawTM first published, now relaunched

States & Taxes

Check the Box: What the Ninth Circuit's Unflavored List Ruling Gives, and Takes From, Premium Cigars

The Ninth Circuit let California make cigar companies prove their products are unflavored. The industry lost the injunction, but it won something on the record that may matter more, and the opinion now sets the rules for flavor lists across nine western states.

By Frank Herrera9 min read
  • On August 27, 2026, in a published opinion, the Ninth Circuit affirmed the denial of a preliminary injunction against California's Unflavored Tobacco List. The decision binds federal courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
  • The court held that the list falls within the Tobacco Control Act's Savings Clause because getting on the list is a condition of selling in California. It assumed, without deciding, that the list is also a "premarket review" requirement.
  • The industry's most valuable result is in the First Amendment section. The court relied on the Attorney General's repeated statement that a cigar certified as premium under FDA's definition goes on the list regardless of how its maker describes its flavor.
  • That protection reaches only cigars that meet the federal definition in 21 C.F.R. § 1114.3. For every other cigar, brand names, colors, images and tasting notes can trigger California's presumption that the product is flavored.
  • The opinion is a template. It approves the method, endorses the comparison to Master Settlement Agreement directories and fire-safe certification laws, and tells other states what a flavor list can and cannot do.

Analysis

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On the calendar

Key dates ahead

All dates and calendar feed
  1. Oct62026
    CBP CAPE Phase 3 opens for finally liquidated IEEPA entries Limited to importers covered by a court-ordered reliquidation.
    Read the analysis
  2. Oct302026
    Cuba professional meetings travel wind-down ends Last day of the wind-down after OFAC removed the professional meetings general license.
    Read the analysis
  3. By end of 2026
    European Commission's targeted date for proposing the Tobacco Products Directive revision A stated target, not a fixed deadline.
    Read the analysis

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