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.

Croatian decree raises excise duties on tobacco products effective January 1, 2026
Croatian decree raises excise duties on tobacco products effective January 1, 2026
Croatian government decree provides that higher excise duties on tobacco manufactures and tobacco products take effect from January 1, 2026. Excise on e-liquid is set at €0.25 per millilitre, on heated tobacco products at €211.30 per kilogram, and on a new tobacco product at €126.90 per kilogram. The decree’s explanation says 2026 budget revenue from these excises is expected to increase by €129.1 million.
Jan.07 by 2FIRSTS.ai
Product | Vaporesso lists Vibe SE 2 on official site, offering leather/plated versions and a 1,400mAh battery
Product | Vaporesso lists Vibe SE 2 on official site, offering leather/plated versions and a 1,400mAh battery
Vaporesso has recently listed the Vibe SE 2, a new device in its Vibe series, on the brand’s official website. The product is positioned as an entry-level MTL device and features a 1,400mAh built-in battery with Type-C 1A charging. It is available in two finishes—Leather and Plated—while listings on online retail channels show prices of around $17.99 and £22.99.
Jan.30 by 2FIRSTS.ai
Singapore man, 21, assisting investigations after video allegedly shows him vaping on a bus
Singapore man, 21, assisting investigations after video allegedly shows him vaping on a bus
A 21-year-old man in Singapore is assisting with investigations after a video allegedly showing him vaping inside a bus went viral on social media. The Health Sciences Authority (HSA) said via its Instagram Stories that it had identified the man and seized e-vaporisers and 12 pods from his home on Feb 3. Vape-related penalties were strengthened from Sept 1, with first-time adult users liable to a $700 fine, and third-time offenders prosecuted and fined up to $2,000.
Feb.06
Product | VOZOL launches new GEAR-series device in the UK and UAE, featuring a 2.1-inch colour screen and sound interaction
Product | VOZOL launches new GEAR-series device in the UK and UAE, featuring a 2.1-inch colour screen and sound interaction
Vape brand VOZOL has recently listed a disposable shisha-style product, the GEAR HOOKAH 40000, on its official website. Public information shows the device comes with a 26ml e-liquid capacity, offers 3mg/ml and 5mg/ml nicotine strengths, and is marketed at 25,000–40,000 puffs. It is currently available via selected online retail channels in the UK and the UAE.
Feb.04 by 2FIRSTS.ai
UK vape firm Plxsur sold for £76,500 after touting $1 billion revenue target
UK vape firm Plxsur sold for £76,500 after touting $1 billion revenue target
London-based vaping company Plxsur, which had claimed in fundraising materials it could reach $1 billion in annual revenue and capture about 10% of the global vaping market, has been sold out of administration for £76,500. Administrators said the figures were aspirational and depended on acquisitions that were never completed, as the company later ran out of cash and entered insolvency, with a shareholder ultimately buying the business.
Jan.22 by 2FIRSTS.ai
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
The EPO Technical Board of Appeal 3.2.02 (T 1319/24) revoked VMR Products LLC’s EP3613453 “VAPORIZER” patent after finding that a 2012 YouTube video of the Innokin iTaste VV (D3) disclosed the claimed electrical contact arrangement. Opponents Nicoventures Trading Ltd (BAT subsidiary) and Philip Morris Products S.A. prevailed.
BATPMI
Feb.17