Examination of Voluntary Compliance with New FDA Cigar Warning Label Requirements

Abstract

Objectives: The US Food and Drug Administration (FDA) issued new requirements to strengthen and increase the size of cigar warnings. Although these requirements were challenged in court by the cigar industry, and later struck down, cigar manufacturers had the option of voluntarily complying during the injunction. In this study, we examined voluntary warning compliance on a sample of discarded cigar wrappers. Methods: Warnings were examined on a sample of 1352 discarded cigar wrappers and packs obtained from 15 census tracts in Oakland, California in February 2019. Warnings were coded for new requirement compliance (ie, sized at 30% or more on front and back of pack). Results: Overall, 67.3% of wrappers displayed compliant warnings – other wrappers had smaller warnings only on the front (30.6%), only on the back (1.5%) or no warning (0.4%). Cigar warning placement was significantly associated with brand (p < .01), cigar type (p < .01), and unit size (p < .01). The prevalence of warning compliance was at least 90% for 6 brands but ranged from 0% to 65% for others. Compliance was lowest for cigarillos (62.1%) and packs of 3 (27.6%). Conclusions: Strengthening cigar warnings can help increase their effectiveness, but cigar manufacturers may not voluntarily implement changes fully. Continued surveillance and renewed regulatory efforts are warranted.

Cigar Warning Noticing and Demographic and Usage Correlates: Analysis from the United States Population Assessment of Tobacco and Health Study, Wave 5

“…This disparity indicates that there are non-trivial levels of noticing current labels among those users who most need to be aware of product risks as a result of their use. Further, greater noticing among cigarillo and traditional cigar users who purchase by the pack relative to not purchasing for themselves, and traditional cigar users who purchase by the pack rather than as singles, also illustrates this trend (and appears consistent with prior research findings that larger packs are more often compliant with recommended Deeming Rule warning label standards than are singles) [15]. Still, these respondents use cigar products more frequently despite greater warning cognizance (perhaps related to potentially higher exposure to pro-cigar marketing as well, since warnings appear on advertisements and packages), indicating an enduring need for research into cigar warning effectiveness and evolving warning strategies.…”

“…Compliance differed significantly by brand, with brands such as Swisher Sweets reaching over 90% compliance vs. 20% for brands including Dutch Masters. Compliance also varied by product type, with lowest compliance found on cigarillos (over 1/3 had a warning of less than 30% and only on one panel) and on packs of three, with packs less than three also having lower compliance than larger packs of 20 (the latter of which had the highest compliance, all displaying 30% labels on both primary display panels) [ 15 ]. Despite voluntary compliance with the deeming rule standards by some cigar manufacturers, cigar labeling in the US lacks a universal, consistent warning requirement.…”

Characteristics of Cheyenne little filtered cigar Instagram ads, 2019–2020

“…A coding guide was developed inductively based on preliminary iterative review of posts by the study team, as well as our previous experience in coding features of tobacco advertising (see table 1, and online supplemental appendix for coding guide and online supplemental figure 1). 13–15 Initial coding was completed by one primary coder. Approximately 20% of posts were double-coded by an additional coder to assess inter-rater reliability (n=65), with high agreement (average kappa=0.95).…”

Young adults’ cigarillo risk perceptions, attention to warning labels and perceptions of proposed pictorial warnings: a focus group study

“…25 While some companies voluntarily comply with FDA's warning guidance, the lack of enforcement ability has resulted in non-uniform warnings (eg, regarding presence/absence, size) across brands and channels. [26][27][28] Given the need for a robust evidence base regarding cigar warning label requirements and factors that influence their efficacy, 29 we conducted a series of focus groups exploring young adult cigarillo users' perceptions of cigarillos and their risks, and thoughts about cigarillo warning labels. This paper describes participants' experiences and beliefs pertaining to cigarillo risks and addictiveness (including variations in risk perceptions based on type of use, such as modifications for use as blunts), attention/reactions to current cigarillo warning labels, and opinions regarding possible pictorial warnings.…”

“…25 While some companies voluntarily comply with FDA’s warning guidance, the lack of enforcement ability has resulted in non-uniform warnings (eg, regarding presence/absence, size) across brands and channels. 26–28 …”