H.R. 2111 and Why Judge Mehta's Definition Needs a Permanent Home in Federal Law

What follows comes from Cody Carden's article in the latest CRA Newsletter. Cigar Rights of America advocates for we premium cigar consumers. It is $25 a year to join and Bailey's gives you a 10% discount on purchases. You also get a 6-month Cigar Insider subscription and special treatment from other Great American Cigar Shops.

In August of 2023, Judge Amit P. Mehta handed the premium cigar industry one of the most important legal victories in its history, vacating the FDA’s regulatory authority over premium cigars. The D.C. Circuit Court of Appeals later affirmed that ruling, making it final. Premium cigars are now formally and permanently removed from FDA jurisdiction — or at least, as permanently as any court ruling can be.

That last qualifier is exactly why H.R. 2111 matters.

The bill, introduced by Representative Byron Donalds of Florida in March 2025, would amend the Federal Food, Drug, and Cosmetic Act to statutorily exempt premium cigars from FDA regulation. The goal is straightforward: take the protection secured through the Mehta decision and establish it clearly and permanently in federal law. H.R. 2111currently has 16 cosponsors — nine Democrats and seven Republicans — and has been referred to the House Energy and Commerce Committee. 

So if the courts have already ruled in our industry’s favor, why push for legislation? Because a court ruling, even one affirmed on appeal, is not the same as a statute. The FDA retains the theoretical ability to initiate a new rulemaking that could bring premium cigars back under its authority. While we applaud the Trump administration’s common-sense approach to tobacco regulation, a future administration, with different policy priorities, could attempt exactly that. A statute would close that door. It would make the premium cigar exemption a matter of federal law, not judicial interpretation, and it would be far harder for any single agency to undo.

At the heart of both the court ruling and the bill is the Mehta Definition — the eight-part standard that Judge Mehta established to define what a premium cigar actually is. The definition requires that a cigar be wrapped in whole tobacco leaf, contain a 100 percent leaf tobacco binder, use at least 50 percent long filler tobacco by weight, be handmade, have no filter or non-tobacco tip, carry no characterizing flavor other than tobacco, contain only tobacco, water, and vegetable gum, and weigh more than six pounds per thousand units.

That definition is important because it establishes a clear, objective distinction between premium cigars and other tobacco products. It recognizes what premium cigar consumers and makers have long known: a handmade, whole-leaf premium cigar is fundamentally different from cigarettes and other mass-market tobacco products.

What makes this definition particularly valuable is what it does not include: a price floor and loopholes. Other proposed definitions have set minimum retail or wholesale prices, which would punish consumers who prefer more affordable premium options and create a moving target that requires periodic adjustment for inflation. The Mehta Definition draws a clean, material-based line between premium cigars and mass-market products — and it carries the authority of a federal judge from one of the three branches of government. 

It is a definition based on what a cigar is, not what it costs. That distinction matters, and it makes codifying the Mehta definition about more than protecting the premium cigar industry’s current legal status. It is about creating a clear and durable standard that policy-makers, regulators, businesses, and consumers can rely upon in the years ahead.

Cigar Rights of America has actively urged supporters to sign a petition in support of  H.R. 2111 and to contact their representatives. Every signature and every call to a congressional office matters. Members of Congress need to understand that this is not simply an industry issue. It is about protecting a product enjoyed by millions of American consumers

The Mehta victory was the result of more than a decade of legal work and advocacy — but winning that battle was only part of the job. Making the victory permanent is the work that comes next.

CRA will continue working with lawmakers, industry partners, and premium cigar enthusiasts to build the necessary support to make that happen. You can help by signing the petition in support of H.R. 2111.