Legal Definitions - cigar

For legal and regulatory purposes, a cigar is generally defined as any roll of tobacco that is wrapped in a tobacco leaf or in any other substance that contains tobacco. However, this definition comes with a critical distinction:

A tobacco product that otherwise fits the description of a cigar will be legally classified as a cigarette if, based on its appearance, the type of tobacco used in its filler, or its packaging and labeling, it is likely to be offered to or purchased by consumers as a cigarette. This distinction is crucial because cigars and cigarettes are subject to different regulations, including varying tax rates, marketing restrictions, and health warning requirements imposed by government agencies such as the Food and Drug Administration (FDA).

When determining whether a product should be classified as a cigar or a cigarette, especially in close cases, regulators consider several factors. These include whether the item tastes like a cigarette, is of typical cigarette size and shape, has a typical cigarette-type filter, is sold in cigarette-type packaging, or is advertised in a way that suggests it is a cigarette.

Here are some examples to illustrate this definition:

• Example 1: A Premium, Hand-Rolled Robusto

  Imagine a large, meticulously hand-rolled tobacco product, about five inches long and an inch thick, crafted from aged tobacco leaves and wrapped in a single, dark tobacco leaf. It is sold individually in a cedar-lined box at a specialized tobacco shop and is marketed towards connoisseurs. It has no filter.

  How it illustrates the term: This product clearly fits the legal definition of a cigar. It is a roll of tobacco wrapped in a tobacco leaf, and its substantial size, distinct appearance, premium packaging (individual sale, cedar box), and specialized marketing ensure it is perceived and purchased as a traditional cigar, not a cigarette. It does not trigger any of the reclassification criteria that would make it a cigarette.

• Example 2: Flavored Mini-Cigarillos in a Pouch

  Consider a pack of ten small, flavored tobacco rolls, each slightly thicker and a bit longer than a standard cigarette, wrapped in a brown, tobacco-containing paper. They are sold in a soft, resealable foil pouch at a convenience store and do not have a filter. The packaging clearly labels them as "mini-cigarillos."

  How it illustrates the term: Despite their small size and convenience store availability, these products are still classified as cigars (specifically, "little cigars" or "cigarillos"). They are wrapped in a tobacco-containing substance, and their slightly larger dimensions, lack of a cigarette-style filter, and specific packaging (a pouch of ten, not a hard pack of twenty) differentiate them enough from typical cigarettes to maintain their cigar classification for regulatory purposes.

• Example 3: "Tobacco Sticks" Marketed as a Filtered Alternative

  A new product called "Tobacco Sticks" is introduced to the market. These are rolls of tobacco wrapped in a substance containing tobacco, but they are precisely the same length and diameter as a standard cigarette. They feature a white, cellulose filter tip, are sold in a hard, flip-top box of twenty, and are advertised on social media as offering "the smooth, filtered experience you love, with a richer tobacco taste."

  How it illustrates the term: Even though these "Tobacco Sticks" are wrapped in a tobacco-containing substance, they would likely be classified as cigarettes for regulatory purposes. Their appearance (exact size, shape, and filter of a cigarette), packaging (hard pack of twenty), and advertising (explicitly comparing them to cigarettes) all indicate they are designed to be offered to and purchased by consumers as cigarettes, triggering the reclassification clause of the legal definition.