Is it illegal in the USA to buy Clove cigarettes online from Indonesia?
After the United States ban on the selling of clove, and other flavored cigarettes (like Djarum) - is it still legal for them to be purchased, online, from Indonesia? Is the ban against ownership/purchasing, or against the stores in the US that could sell them to minors? If we have packs left over from the pre-ban period, are they still legal?
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Here is what I've been able to piece together about the flavored cigarette ban in H.R. 1256. This is not a definitive answer; as of yet, I can't find a clear answer from an authoritative source.
Nicotine or a specific combination of nicotine have not been scheduled in accordance with the Controlled Substances Act. (1) As I understand it, the FDA regulates the sale and importation of products, but in order to ban a food or drug entirely, it has to be scheduled in accordance with the CSA. The CSA is administered by the DEA, not the FDA. I can find no indication that a person is not allowed to possess or consume tobacco cigarettes with clove or other fruit flavorings. Currently, you can still purchase loose flavored tobacco, including clove infused tobacco, for rolling, pipe or hookah use. Accordingly, this shows that you can have a clove cigarette and smoke it.
That being said, here is the exact text from H.R. 1256 relating to flavored cigarettes. I am not an attorney, juror, or legislator, but I could not find one other section in the bill that went into further detail on what this text may mean.
‘(A) SPECIAL RULE FOR CIGARETTES- Beginning 3 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke. Nothing in this subparagraph shall be construed to limit the Secretary’s authority to take action under this section or other sections of this Act applicable to menthol or any artificial or natural flavor, herb, or spice not specified in this subparagraph.' (2)
As far as the health risks of cloves versus traditional cigarettes, well, there isn't any difference. The only studies I have been able to find indicated that the higher the tar and nicotine levels, the higher the health risks. (3) These people are under the impression that many cloves have higher concentrations of tar and nicotine than traditional cigarettes commonly available in the US, however the kretek imported into the US had both reduced tar and nicotine levels of about (4). In example: (5)
Cloves:
Djarm Black Tar 25 mg Nicotine 1.6 mg
Djarm Black Slimz Tar 18 mg Nicotine 1.2 mg
Wismilak Diplomat Tar 35 mg Nicotine 1.7 mg
as imported in US Tar 10-12 mg Nicotine 1 mg (4)
Traditional Tobacco Cigarettes:
Marlboros Tar 13 mg Nicotine 1.0 mg
Lucky Strikes Tar 12 mg Nicotine 1.0 mg
Zins Mild (Netherlands) Tar 10 mg Nicotine 0.9 mg
Tali Jagat Filter (China) Tar 20 mg Nicotine 1.7 mg
But they didn't target cloves because of their health concerns, they targeted them for being flavors that kids may possibly like. The segment of the populace that smoked flavored cigarettes is so small that even if it doubled, you wouldn't save nearly enough to make a dent in the real numbers. See (6) and (7).
Lastly, to throw my two cents in. I like fruit loops, cocoa crispies and cereals with marshmallows. I like Belgian lambics and other beer that is made or flavored with fruit or fruit tasting additives. I like chocolate milk, whole milk, and I think ice cream is better with chocolate and strawberry sauce and a cherry on top. I also am a fan of those flavored condoms. Since my use of these products in my own home in no way affects any of you, I kindly ask that you mind your home while I mind mine.
Everyone is so willing to give up freedom to 'save even one life' and all I am remind of is all of the men who lined up to die so that we could have freedom in the first place. Why now must we give up freedom to save lives when we chose to give lives to gain it?
"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness."
For me, I find some happiness sitting down after a good meal and smoking a clove, much in the way that our forefathers enjoyed a pipe after dinner.
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