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Court Settles the "Premium Cigar" Definition: What Qualifies

The FDA's 8-point test is upheld and flavored cigars stay regulated. Here is what that means for your humidor.
September 24, 2026 by
After a decade in court, the question of which cigars are exempt from FDA rules finally has an answer. Here is what qualifies as a "premium cigar" and why it matters for what you stock. This article is for general information only and is not legal or tax advice. Confirm requirements with your state agency or counsel.

USThe ruling

AT A GLANCE
  • Federal court in Washington, D.C. (Judge Amit P. Mehta), mid-April 2026
  • FDA's 8-point premium cigar definition upheld
  • Flavored cigars do not qualify for the exemption

In mid-April 2026, Judge Amit Mehta issued what he called a hopefully final ruling in the long-running case over FDA regulation of cigars. Cigars that meet the FDA's eight-part definition of a premium cigar stay outside FDA premarket review. The court rejected a bid by the Cigar Association of America to widen the definition to include flavored cigars.

✓The 8 requirements

To count as a premium cigar, a cigar must meet all of these:

  1. Wrapped in whole tobacco leaf
  2. 100% leaf tobacco binder
  3. At least 50% long-filler tobacco by weight
  4. Handmade or hand-rolled (only simple tools, no machines)
  5. No filter, non-tobacco tip or mouthpiece
  6. No characterizing flavor other than tobacco
  7. Made only of tobacco, water and vegetable gum
  8. Weighs more than 6 pounds per 1,000 units

!What it means for your shelf

Traditional handmade cigars from established makers get regulatory stability. Machine-made cigars, cigarillos, filtered or tipped cigars and flavored cigars are still covered by FDA rules. That means premarket authorization for new products, required warnings and possible future flavor restrictions. The FDA could restart rulemaking at any time, but most observers think that is unlikely soon.

WHAT THIS MEANS FOR YOUR ORDERS

Premium handmade cigars are the most stable part of the category from a regulatory point of view. If you want to grow your premium selection or need help telling which lines meet the definition, your Big Distro sales contact can help.

Sources: halfwheel · Tobacco Reporter · Tobacco Law Blog

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