Judge: FDA Ignored Evidence in ‘Deeming’ Premium Cigars

Events
Jul.07.2022

The U.S. Food and Drug Administration ignored evidence about health risks in considering premium cigars to be subject to same law as cigarettes, a federal judge ruled on July 5, reports Reuters.  

Judge: FDA Ignored Evidence in ‘Deeming’ Premium Cigars

The litigation focuses on the 2016 Deeming Rule, in which the agency 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 FDA rule requires cigar makers to register their products annually, provide ingredient lists for each product and submit products for laboratory testing—procedures the premium cigar industry considers impractical for its handmade, “artisan” products.

 

The Premium Cigar Association and Cigar Rights of America challenged the Deeming Rule, arguing 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.

 

U.S. District Judge Amit Mehta in Washington DC 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.

 

“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.

 

Judge Mehta asked the FDA and the industry groups to submit briefs on whether he should vacate the FDA’s decision or simply remand the matter back to the agency.

 

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.

FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE® Nicotine Pouches announced a partnership with Taylor Reimer Racing, becoming the Official Nicotine Sponsor for four races in the 2026 ARCA Menards Series and serving as the primary sponsor at events in Alabama, Michigan, Minnesota, and Arizona. FRE branding will appear on the race car, driver suit, and helmet, and the collaboration will also extend to off-track content and activations.
Feb.27
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
During the “Toxicological Profile” session at FDA’s Feb 10 PMTA roundtable, officials outlined the carcinogenicity tiering system and Excess Lifetime Cancer Risk (ELCR) framework used in ENDS reviews under the APPH standard. Small manufacturers questioned database transparency, exposure assumptions, and the existence of clear compliance benchmarks. FDA reiterated toxicological risk is assessed case by case within a broader population-level determination.
Feb.11
Special Report | China’s New Five-Year Plan Highlights “Health-First” Strategy, Providing Policy Context for Tobacco Sector
Special Report | China’s New Five-Year Plan Highlights “Health-First” Strategy, Providing Policy Context for Tobacco Sector
China’s 2026 “Two Sessions” reviewed the draft Outline of the 15th Five-Year Plan, which proposes implementing a health-first development strategy and strengthening the effectiveness of the Patriotic Health Campaign. Although the document does not address specific industries, this public-health governance framework provides a new policy context for observing the future regulation, product strategies, and market development of China’s tobacco and next-generation nicotine sectors.
Industry Insight
Mar.08
Indonesian Parliament Reviews Narcotics Law Draft, May Include Vape Ban Proposal
Indonesian Parliament Reviews Narcotics Law Draft, May Include Vape Ban Proposal
According to Beritasatu, Commission III of the Indonesian House of Representatives is reviewing the Draft Law on Narcotics and Psychotropics and considering including a proposal from the National Narcotics Agency (BNN) to ban vapes.
Apr.10 by 2FIRSTS.ai
Kazakhstan’s Almaty crackdown: Telegram channels used to sell banned vapes, six face charges
Kazakhstan’s Almaty crackdown: Telegram channels used to sell banned vapes, six face charges
Authorities in Almaty have uncovered a large illegal vape distribution scheme, seizing and destroying more than 180,000 vapes. Prosecutors said potential revenue from sales could have exceeded 1 billion tenge. Suspects allegedly sold the banned products through Telegram channels and social media, storing inventory in warehouses and covert locations.
Feb.27 by 2FIRSTS.ai
PMJ Expands SENTIA Tobacco Stick Lineup, Adds Blueberry Menthol Capsule Flavor
PMJ Expands SENTIA Tobacco Stick Lineup, Adds Blueberry Menthol Capsule Flavor
Philip Morris Japan (PMJ) announced that it will launch “SENTIA Purple Capsule,” the first capsule-equipped product in its SENTIA lineup dedicated to the heated tobacco “IQOS ILUMA” series, as an early release in Japan. The product will roll out nationwide starting from IQOS Stores, and will enter tobacco retail channels nationwide from April 6.
Mar.03 by 2FIRSTS.ai