Judge: FDA Ignored Evidence in ‘Deeming’ Premium Cigars

Events by tobaccoreporter
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.

KT&G Unveils lil hybrid 3.0 Misty Rose Limited Edition, Limited to 20,000 Devices
KT&G Unveils lil hybrid 3.0 Misty Rose Limited Edition, Limited to 20,000 Devices
KT&G has launched the limited-edition “lil hybrid 3.0 Misty Rose Edition” heated tobacco device in South Korea, betting on year-end consumer demand with a gradient rose-colored design. The release is capped at 20,000 units and is available through both online and offline channels, with an official retail price of 78,000 won (approximately USD 53).
Nov.20 by 2FIRSTS.ai
2Firsts Insights | From Limited-Edition Frenzy to Interactive Lead-Gen: The 2025 Halloween Shift in Vape Marketing
2Firsts Insights | From Limited-Edition Frenzy to Interactive Lead-Gen: The 2025 Halloween Shift in Vape Marketing
For Halloween 2025, leading vape brands such as HQD and ELFBAR are running overseas social-media engagement campaigns—covering points programs and UGC giveaways with age/region restrictions. Unlike 2024’s wave of themed devices, no brand-new Halloween limited editions have appeared on major U.S. channels this year; only RAZ has restocked last year’s version.
Oct.31 by 2FIRSTS.ai
Russian Lawmakers Propose Criminalizing E-Cigarette Manufacture and Distribution, Citing Health Risks
Russian Lawmakers Propose Criminalizing E-Cigarette Manufacture and Distribution, Citing Health Risks
Russian lawmakers propose criminalizing e-cigarette manufacturing, storage, sales, and use, citing drug crime model for penalties.
Oct.14 by 2FIRSTS.ai
Philip Morris Korea Extends IQOS ILUMA i Warranty to 18 Months, Says Move Will Boost Smoke-Free Product Growth
Philip Morris Korea Extends IQOS ILUMA i Warranty to 18 Months, Says Move Will Boost Smoke-Free Product Growth
Philip Morris International’s Korea unit has extended the warranty for the “IQOS ILUMA i” heated tobacco series from 12 to 18 months, applying it retroactively to existing purchases, aiming to enhance user experience and market competitiveness.
Oct.15 by 2FIRSTS.ai
Vietnam to Ban Investment and Trade in E-cigarettes and Heated Tobacco, with Exceptions for Export and Research
Vietnam to Ban Investment and Trade in E-cigarettes and Heated Tobacco, with Exceptions for Export and Research
Vietnam’s finance vice minister proposes banning investment and business in e-cigarettes and heated tobacco under a 2024 resolution, with possible exceptions for export-only products and research/medical/defense uses.
Oct.17 by 2FIRSTS.ai
Special Report | After the Shortage: How the U.S. Vape Market Is Rebuilding Itself
Special Report | After the Shortage: How the U.S. Vape Market Is Rebuilding Itself
After a wave of regulatory crackdowns, the U.S. vaping market is undergoing a deep reshuffle — shortages sparked frenzy, and resupply triggered elimination. Through interviews with industry insiders from both China and the United States, 2Firsts reveals how the American market is rebuilding itself amid turbulence.
Nov.12