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.

Tajikistan Weighs a Total Vape Ban as Upper House Chair Orders Draft Bill
Tajikistan Weighs a Total Vape Ban as Upper House Chair Orders Draft Bill
Tajikistan is preparing legislation that could impose a nationwide ban on e-cigarettes. Upper house chair Rustami Emomali (Рустами Эмомали) has ordered the drafting of a bill, which is still under development. Retailers have begun scaling back sales amid tightening signals, while existing tobacco-control rules already restrict smoking in many public places and set fines.
Jan.26 by 2FIRSTS.ai
2Firsts “Decisive 2026” Concludes: Reviewing the 2025 U.S. Market and Mapping Compliance Pathways Ahead
2Firsts “Decisive 2026” Concludes: Reviewing the 2025 U.S. Market and Mapping Compliance Pathways Ahead
2Firsts hosted “Decisive 2026” in Shenzhen, bringing together industry perspectives to examine major shifts in the U.S. new tobacco market in 2025 and their global implications. Sessions covered U.S. market dynamics, technical insights from recently PMTA-authorized products, an investor lens on tobacco capital markets, and 2025 news/product highlights. The event underscored a structural shift from “gray business” toward compliance and sustainable growth, expected to become clearer by 2026.
Jan.09
RJ Reynolds asks ITC to investigate alleged vape restriction violations by Heaven Gifts network
RJ Reynolds asks ITC to investigate alleged vape restriction violations by Heaven Gifts network
R.J. Reynolds Tobacco Co. has asked the U.S. International Trade Commission to open a Section 337 investigation into Heaven Gifts International — the umbrella company behind Elf Bars and Geek Bars — its subsidiaries and nine U.S. distributors.
Jan.16 by 2FIRSTS.ai
Kazakhstan Investigates Social-Media Vape Sales Linked to a Banking “Drop” Arrangement
Kazakhstan Investigates Social-Media Vape Sales Linked to a Banking “Drop” Arrangement
Kazakhstan’s Financial Monitoring Agency (AFM) in Ulytau Region is conducting a pre-trial investigation into alleged illegal vape sales and the unlawful acquisition of access to a bank account. Authorities say a Satpayev resident has sold banned devices via social media since 2024 and used a “dropper” arrangement to disguise proceeds.
Jan.27 by 2FIRSTS.ai
Morocco rolls out compulsory rules for e-cigarettes, muassel and nicotine pouches
Morocco rolls out compulsory rules for e-cigarettes, muassel and nicotine pouches
Starting February 2026, Morocco will apply its first mandatory standard governing “smoke-free” products—covering e-cigarettes, muassel and nicotine pouches. Drafted by IMANOR, the standard introduces detailed requirements on composition, labelling, traceability and safety, and will apply to imported products. Consumer advocates say clear labelling and traceability are essential, while urging stronger public-awareness efforts and resources.
Feb.03 by 2FIRSTS.ai
Khmelnytskyi, Ukraine: counterfeit nicotine mixes and e-cigarette e-liquids seized, valued at over US$276,000
Khmelnytskyi, Ukraine: counterfeit nicotine mixes and e-cigarette e-liquids seized, valued at over US$276,000
According to UNN, law enforcement in Ukraine’s Khmelnytskyi region disrupted a group accused of selling illegally produced nicotine-containing mixtures and e-cigarette e-liquids without licenses or permits. The Prosecutor General’s Office said the overall value of the seized items exceeds UAH 12 million (about US$276,000). Motions were filed to arrest the seized property, and decisions are pending on necessary forensic examinations. (FX used: 1 UAH = US$0.023, as provided by the user.)
Jan.14 by 2FIRSTS.ai