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.

Virginia asks Fourth Circuit to stay order blocking parts of its unauthorized-vape sales law
Virginia asks Fourth Circuit to stay order blocking parts of its unauthorized-vape sales law
Virginia has asked the U.S. Court of Appeals for the Fourth Circuit to stay a district court order that blocks enforcement of certain provisions of a state law restricting the sale of unauthorized vaping products. The district court held the law was preempted to the extent it enforced federal requirements under the FDCA and the Tobacco Control Act.
Jan.21 by 2FIRSTS.ai
Germany Sees 18.2% Jump in Taxed Tobacco Substitutes in 2025, Including E-liquids
Germany Sees 18.2% Jump in Taxed Tobacco Substitutes in 2025, Including E-liquids
Germany’s Federal Statistical Office (Destatis) said 66.4 billion cigarettes were taxed in 2025, up 0.2% from 2024, while long-term volumes have more than halved since 1991 and per-capita consumption fell to 795 cigarettes. Taxed tobacco substitutes such as e-cigarette liquids reached 1.5 million liters, up 18.2% year on year.
Jan.26 by 2FIRSTS.ai
Perak to stop issuing new vape licences, aiming for a phased “zero sales” outcome after October
Perak to stop issuing new vape licences, aiming for a phased “zero sales” outcome after October
Perak executive councillor Datuk Sivanesan said the state government aims to progressively reach a “zero” level of vape sales no later than after October, noting vape operators were clearly informed in October 2025.
Jan.05 by 2FIRSTS.ai
California DOJ publishes first-ever Unflavored Tobacco List; products not on the list are ineligible for sale
California DOJ publishes first-ever Unflavored Tobacco List; products not on the list are ineligible for sale
California Attorney General Rob Bonta announced the publication of the first-ever Unflavored Tobacco List (UTL), listing unflavored tobacco products lawful for sale under California’s flavored tobacco restrictions. Any covered tobacco product not appearing on the UTL is deemed a flavored tobacco product and ineligible for sale.
Jan.04 by 2FIRSTS.ai
Product | “Switch”-Style Design, Rated 30,000 Puffs: Open-System Klip’s Switch Edition Listed on French Channels
Product | “Switch”-Style Design, Rated 30,000 Puffs: Open-System Klip’s Switch Edition Listed on French Channels
The open-system e-cigarette Klip’s Switch Edition 30K has recently been listed on multiple French vape e-commerce channels. Channel information indicates the product is a collaboration between Fumytech and Tornadoliq and uses an open refill solution. The kit includes a 7 mL pod/cartridge and two 10 mL refill bottles, with a claimed total usage of around 30,000 puffs. The mainstream retail price is about €19.90.
Feb.06 by 2FIRSTS.ai
Thai Customs Region 2 seizes 22,800 YOOZ-branded vape pod heads
Thai Customs Region 2 seizes 22,800 YOOZ-branded vape pod heads
Thailand’s Customs Region 2 searched a private logistics company in Mukdahan province and seized 22,800 vape pod heads with no evidence of customs clearance. The seized items weighed 389.50 kg in total and were valued at more than THB 4.5 million (about USD 143,581.90). The photo shows packaging marked “YOOZ”.
Jan.16 by 2FIRSTS.ai