I had been wondering if Indonesia would go forward with a WTO complaint against the U.S. ban on clove cigarettes, but had not heard anything. Perhaps this is why:
A few weeks ago ... clove cigarettes were banned in the U.S. on the grounds that their fragrance is a come-on to children.
It was the FDA's first act under a law giving it the power to police tobacco. But as soon the clove-cigarette edict went out, a California kretek importer brought in a new line of clove cigars.
Djarum-brand cigars are the shape and size of cigarettes. They have filters. Their wrappers contain tobacco but could pass for brown paper. The puffery on the packs promises "a smoking experience you have come to expect."
OK, that sounds like a clever idea. Worth a shot. So is the FDA going to buy it?
Getting wind of this, the FDA reminded the public that its ban applies to anything that fits a cigarette's profile, even if it's labeled as a "cigar." And the House Committee on Energy and Commerce announced an investigation to find out whether the "flavored cigars are no different than flavored cigarettes."
The importer of the cigarettes, I mean, cigars, well, whatever they are, is going to U.S. District Court in Washington "for a declaratory cigar-is-a-cigar judgment." The article notes:
The company insists it can prove that its cigar is a cigar: The wrapper is homogenized leaf, the tobacco air-cured, and the finished product comes in boxes of 12, not 20. While a judge puts the subject through analysis, America's clove aficionados will be holding their breath.
It will be interesting to see how the FDA approaches this. Perhaps the clove importers are hoping the FDA will just let this go, given that no one seems to think that clove (as opposed to say, chocolate) is a flavor that was designed to appeal to kids.
