For the purposes of taxation and FDA regulation, “cigar” means “any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco” unless, “because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.” If this latter criterion is satisfied, the item is classified as a cigarette. So, the important distinction between a cigarette and cigar is whether the roll of tobacco is wrapped in a substance that does not contain tobacco (cigarettes are wrapped in paper or some other substance that does not contain any tobacco). In the United States, generally three types of cigars are sold (large cigars, cigarillos, and little cigars). The distinction is particularly important because cigars and cigarettes have different tax obligations.
In determining close cases, the relevant government agency looks to whether the item tastes like a cigarette, is of typical cigarette size and shape, has a typical cigarette-type filter, is in a cigarette-type package, and/or is advertised as a cigarette. If these criteria are satisfied, the agency is likely to classify the item as a cigarette.
Cigar packaging is regulated by the 2000 consent decree between the surgeon general and cigar companies requiring that cigar packages display 5 warnings that are not as serious as those now required for cigarettes.
See e.g., Ludloff v. United States, 108 U.S. 176 (1883)
See also: 26 U.S. Code § 5702; CDC: Smoking and Tobacco Use; 2000 Surgeon General’s Report Highlights: Warning Labels
[Last updated in May of 2023 by the Wex Definitions Team]