FDA regulation of premium cigars 'arbitrary and capricious,' judge finds

News
Jul.07.2022

The U.S. Food and Drug Administration's decision to regulate premium cigars under the same federal law as other tobacco products like cigarettes was arbitrary and capricious, a federal judge ruled Tuesday.

FDA regulation of premium cigars 'arbitrary and capricious,' judge finds

U.S. District Judge Amit Mehta in Washington, D.C., said the agency had ignored relevant data about the health risks of premium cigar use. He asked the FDA and the industry groups challenging the regulations — the Premium Cigar Association and Cigar Rights of America — to submit briefs on whether he should vacate the FDA's decision or simply remand the matter back to the agency.

 

"The family-owned manufacturers and retailers that make and sell premium cigars have long believed the FDA mishandled its decision to regulate premium cigars," said Michael Edney of Steptoe & Johnson, a lawyer for the plaintiffs. "We are grateful for the court's decision and the opportunity for further proceedings in this matter."

 

The FDA could not immediately be reached for comment.

 

The litigation focuses on the so-called Deeming Rule adopted by the agency in 2016, in which it identified a wide range of tobacco products, including premium cigars, to be subject to its regulatory authority along with cigarettes under the Family Smoking Prevention and Tobacco Control Act.

 

The plaintiffs said that the agency considered, and rejected, a carve-out for premium cigars, both before adopting the final rule and again in 2017 and 2018 when it solicited additional comments.

 

They said FDA rules requiring cigar makers to register their products annually and provide ingredient lists for each product, and requiring all products be submitted for laboratory testing, were impractical for hand-made, "artisan" premium cigars.

 

The industry groups said that, unlike cigarettes and e-cigarettes, premium cigars do not appeal to young people and are not associated with addiction. They cited studies showing that young people are unlikely to use premium cigars, that users of premium cigars are unlikely to smoke them frequently and that infrequent cigar use is not associated with increased mortality.

 

Mehta on Monday agreed that the FDA had not adequately considered the studies cited by the plaintiffs, instead asserting that there was "no evidence" that premium cigars were less harmful without directly addressing them.

 

"Where, as here, an agency speaks in absolute terms that there is no evidence, it acts arbitrarily and capriciously when there is in fact pertinent record evidence and the agency ignores or overlooks it," the judge wrote.

 

The case is Cigar Association of America v. U.S. Food and Drug Administration, U.S. District Court, District of Columbia, No. 16-cv-01460.

 

For Premium Cigar Association and Cigar Rights of America: Michael Edney of Steptoe & Johnson

 

For FDA: Garrett Coyle of the U.S. Department of Justice

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Nicotine analogues such as 6-methylnicotine are already appearing in e-cigarettes and oral pouches, even as key human evidence remains limited. A new Nixodine-S study adds nonclinical data showing differences from nicotine in cytotoxicity and receptor activity, while independent studies point to a more complex toxicological picture. With supply-chain activity growing and FDA seeking clearer authority over nicotine analogues, the industry now faces a larger question: what evidence is needed before these substances can credibly replace nicotine?
SCIENCE
Sep.23
Special Report | How Capital Is Reassessing the Global Tobacco and Modern Nicotine Industry: Lessons from a New York Forum
Special Report | How Capital Is Reassessing the Global Tobacco and Modern Nicotine Industry: Lessons from a New York Forum
Capital is reassessing the global tobacco and modern nicotine industry as heated tobacco, vaping and nicotine pouches reshape demand, profitability and regulation. At the 2026 New Approaches Summit in New York, investors and analysts examined whether smoke-free growth can sustain earnings, how regulation shapes startup value, and whether shareholder engagement can be more effective than divestment. The debate points to a broader shift: tobacco transition is increasingly becoming a capital-allocation, governance and valuation question.
Capital Markets
Oct.05
China STMA Deputy Administrator Meets KT&G COO as Heated Cigarette Rules Advance
China STMA Deputy Administrator Meets KT&G COO as Heated Cigarette Rules Advance
Wang Gongcheng, deputy administrator of China’s State Tobacco Monopoly Administration, met KT&G Chief Operating Officer Lee Sang-hak in Shanghai on September 1, according to Oriental Tobacco News. The meeting comes as China seeks public comment on a draft mandatory national standard for heated cigarettes. The report did not disclose the subjects discussed or indicate whether heated tobacco products or market access were addressed.
News
Sep.02
UK Sets Oct. 29 Start for New Vape Retail Rules Covering Age Checks, Giveaways and Discounts
UK Sets Oct. 29 Start for New Vape Retail Rules Covering Age Checks, Giveaways and Discounts
The UK Department of Health and Social Care published new guidance on Aug. 11 outlining the next phase of retail rules under the Tobacco and Vapes Act 2026, which will take effect on Oct. 29, 2026. The measures extend the minimum age of sale of 18 to all vaping and consumer nicotine products and restrict proxy purchasing, promotional giveaways and substantial discounts. Relevant offences in England, Wales and Scotland may carry a £200 fixed penalty notice, while persistent offenders can face temporary sales bans.
Aug.12
Special Report | From New York to Washington: How FDA’s Tobacco Center Is Reworking Product Review
Special Report | From New York to Washington: How FDA’s Tobacco Center Is Reworking Product Review
FDA’s Center for Tobacco Products is reshaping how it approaches tobacco product review. Based on 2Firsts’ on-site reporting in New York and Washington, this report traces CTP’s emerging direction: stronger links between PMTA and tobacco harm reduction, more category-specific review, greater emphasis on decision-relevant science, more predictable timelines and expanded use of sPMTA for product modifications. CTP also acknowledged major constraints, including just nine PMTA review teams, persistent backlogs and limits on hiring capacity.
Regulations
Oct.08
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
At the 2026 New Approaches Summit in New York, FDA Center for Tobacco Products Director Bret Koplow said the PMTA pathway is “predicated on tobacco harm reduction.” He outlined four CTP priorities: youth prevention, helping adults quit or switch to lower-risk products, improving relative-risk communication, and reducing unauthorized products. Koplow also addressed flavored e-cigarettes, public risk perceptions, industry credibility and efforts to make PMTA reviews more efficient and predictable.
Sep.26