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.

China Tobacco Annual Meeting Flags “New Growth Drivers” for 2026: Cigarette Innovation, Domestic Cigars, Overseas Business and Multi-Purpose Use
China Tobacco Annual Meeting Flags “New Growth Drivers” for 2026: Cigarette Innovation, Domestic Cigars, Overseas Business and Multi-Purpose Use
China’s tobacco authorities used their annual industry meeting in Beijing to outline new growth drivers for 2026, highlighting cigarette innovation, domestic cigars, overseas business expansion and multi-purpose tobacco applications.
Jan.20
Alan Zhao: In the Post-“Absolute Resolve” Era: Speculating on U.S.-Referenced Regulatory Alignment and the Restructuring of Order in South America’s Novel Tobacco Market
Alan Zhao: In the Post-“Absolute Resolve” Era: Speculating on U.S.-Referenced Regulatory Alignment and the Restructuring of Order in South America’s Novel Tobacco Market
Alan Zhao analyzes post-Operation Absolute Resolve geopolitics and the rise of “U.S.-referenced regulatory alignment” in South America’s novel tobacco market as U.S. influence grows. Using regulatory reliance, digitalized enforcement, and industrial shifts, he assesses how rule redesign may alter market access, competition, and supply chains, asking how firms can find durable certainty as order is rewritten.
Jan.06 by 2Firsts Perspectives
Interpreting FDA’s on! PLUS Authorization: What the Agency’s Press Release Reveals About Its Nicotine Pouch Review Model
Interpreting FDA’s on! PLUS Authorization: What the Agency’s Press Release Reveals About Its Nicotine Pouch Review Model
The U.S. Food and Drug Administration has confirmed that six on! PLUS nicotine pouch products have received Marketing Granted Orders (MGO) through the PMTA pathway. The authorizations were completed under the agency’s nicotine pouch review pilot program in “record time,” with the FDA citing lower levels of harmful constituents while stressing that the decision applies only to the specified products and does not mean they are safe or FDA approved.
Regulations
Dec.20
U.S. FDA posts TPSAC meeting materials ahead of discussion on ZYN MRTP applications
U.S. FDA posts TPSAC meeting materials ahead of discussion on ZYN MRTP applications
On January 20, 2026, the U.S. Food and Drug Administration (FDA) posted meeting materials ahead of a virtual Tobacco Products Scientific Advisory Committee (TPSAC) meeting scheduled for January 22, 2026, to discuss modified risk tobacco product (MRTP) applications submitted by Swedish Match USA, Inc. for 20 ZYN nicotine pouch products.
Jan.21 by 2FIRSTS.ai
Juul Labs UK launches JUUL2 Peach flavour aimed at adult smokers
Juul Labs UK launches JUUL2 Peach flavour aimed at adult smokers
Juul Labs UK announced on January 1, 2026 the launch of a new JUUL2 Peach flavour, described as an adult-oriented addition that expands the JUUL2 flavour portfolio. The company said the flavour will roll out across the UK from January 1 through major retailers, wholesalers and convenience stores, offering adult smokers alternatives to transition away from cigarettes.
Jan.04 by 2FIRSTS.ai
France drops a vaping clause from the 2026 finance bill after use of Article 49.3
France drops a vaping clause from the 2026 finance bill after use of Article 49.3
A provision in France’s 2026 finance bill intended to regulate vaping products was abandoned after Sébastien Lecornu used Article 49.3 on January 20 to commit the government’s responsibility on the “revenue” section of the state budget.
Jan.21 by 2FIRSTS.ai