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.

BAT Appoints Constantinescu as CFO,He Previously Spent 16 Years at the Company
BAT Appoints Constantinescu as CFO,He Previously Spent 16 Years at the Company
BAT has appointed Dragos Constantinescu as chief financial officer. Constantinescu, currently head of Asahi Europe & International, will join the company on September 1 and replace Javed Iqbal, who has served as interim finance chief since August last year
Apr.09 by 2FIRSTS.ai
Special Report|Disposable Heated Tobacco? A China Tobacco Patent Reimagines the Heated-Tobacco Stick as a Self-Contained Product
Special Report|Disposable Heated Tobacco? A China Tobacco Patent Reimagines the Heated-Tobacco Stick as a Self-Contained Product
A newly published China Tobacco patent proposes a holder-free heat-not-burn stick that integrates the filter, tobacco substrate, heating element, controller and power source into one cigarette-shaped product. It stands out not just for eliminating the external heating device, but for explicitly highlighting two less common goals in heated tobacco: restoring cigarette-like social sharing and enabling post-use recovery through a recoverable component group.
Innovation
Mar.18
Australian Government and Spotify Launch Third Phase of Youth Vaping Education Campaign
Australian Government and Spotify Launch Third Phase of Youth Vaping Education Campaign
The Australian Government and Spotify have launched the third phase of the Youth Vaping Education Campaign under the theme “Buddy Up – Make a Pact to Quit Together.” This phase shifts the focus toward peer and community support by encouraging young people to quit vaping together.
Apr.16 by 2FIRSTS.ai
Exclusive: Glas says FDA-authorized G2 vape includes age-gating technology
Exclusive: Glas says FDA-authorized G2 vape includes age-gating technology
Glas has confirmed to 2Firsts that its G2 device, which received a FDA Marketing Granted Order (MGO), incorporates age-gating technology. Based on currently public information, this means the FDA has granted an MGO to the first ENDS product confirmed to incorporate age-gating technology, validating 2Firsts’ earlier inference.
Mar.17
KT&G Q1 2026 Financial Results: Revenue at $1.156 Billion, E-Cigarettes to Launch Independent Overseas Expansion
KT&G Q1 2026 Financial Results: Revenue at $1.156 Billion, E-Cigarettes to Launch Independent Overseas Expansion
KT&G reports a 27.6% increase in Q1 operating profit, with traditional and new tobacco sectors driving growth.
May.07 by 2FIRSTS.ai
Japan Tobacco Q1 2026 Financial Results: Revenue at $5.914 Billion,RRP Revenue Up 63.8% YoY
Japan Tobacco Q1 2026 Financial Results: Revenue at $5.914 Billion,RRP Revenue Up 63.8% YoY
Japanese Tobacco (JT) reports Q1 2026 revenue of 924 billion yen, a 15.2% increase; operating profit rises 24.7%.
May.08 by 2FIRSTS.ai