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.

AIR Shares Drop 18.6% in Nasdaq Debut, Testing Hookah’s Move Toward Public Markets
AIR Shares Drop 18.6% in Nasdaq Debut, Testing Hookah’s Move Toward Public Markets
AIR Global’s Nasdaq debut under ticker AIIR ended with a 18.6% first-day decline, giving the global hookah industry a rare public-market reference point. Beyond one company’s share move, the listing raises a broader question: can a culturally rooted, fragmented and venue-based category evolve into a more scalable and investable consumer sector?
Special Report
May.19
Malaysian Court Rules Liquid Nicotine Exemption Irrational, Renewing Vape Regulation Debate
Malaysian Court Rules Liquid Nicotine Exemption Irrational, Renewing Vape Regulation Debate
Malaysia’s High Court ruled that the government’s earlier decision to remove liquid nicotine from the country’s Poisons List was “irrational,” reigniting debate over vape regulation, illicit trade, and youth protection.
Regulations
May.18
PMI U.S. Says Dothan Factory Closure Reflects Focus on Smoke-Free Business Strategy
PMI U.S. Says Dothan Factory Closure Reflects Focus on Smoke-Free Business Strategy
Philip Morris International U.S. (PMI U.S.) announced that it will close the Swedish Match cigar manufacturing facility on Columbia Highway in Dothan, Alabama. The company said the decision reflects its need to maintain focus on offering reduced-risk, FDA-authorized smoke-free products to legal-aged adult nicotine users in the United States to help them move away from combustible cigarettes.
Mar.30 by 2FIRSTS.ai
Nicotine Beyond Tobacco? Cell Study Signals Emerging Shift in Production Systems
Nicotine Beyond Tobacco? Cell Study Signals Emerging Shift in Production Systems
Researchers at the Chinese Academy of Sciences reconstructed nicotine biosynthesis in non-tobacco plants and yeast systems, highlighting how advances in synthetic biology could gradually reshape future nicotine production technologies and challenge regulatory frameworks built around tobacco-derived definitions.
Special Report
May.07
German Environment Minister Plans Bill to Ban Disposable E-Cigarettes This Year
German Environment Minister Plans Bill to Ban Disposable E-Cigarettes This Year
German Federal Environment Minister Carsten Schneider said he is preparing legislation to ban disposable e-cigarettes and will present a bill this year. Industry data estimated that legal e-cigarette sales in Germany rose by about one quarter in 2025 to €2.4 billion. Refillable devices are not expected to be affected by the ban.
May.09 by 2FIRSTS.ai
Japan to Raise Heated Tobacco Prices From April; BAT Japan Keeps Prices Unchanged for 38 glo Tobacco Stick Products
Japan to Raise Heated Tobacco Prices From April; BAT Japan Keeps Prices Unchanged for 38 glo Tobacco Stick Products
Japan will implement price increases centered on heated tobacco products from April 1, 2026, following a tobacco tax hike. BAT Japan has decided to keep current prices unchanged for 38 glo-compatible tobacco stick products across the Velo, neo, Lucky Strike, and Kent lines.
Mar.30 by 2FIRSTS.ai