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.

UK Vape Waste Falls 23% From 2024, but Recycling Group Says Fire Risks Remain High
UK Vape Waste Falls 23% From 2024, but Recycling Group Says Fire Risks Remain High
New research from UK recycling campaign group Material Focus says more than 6.3 million vapes and pods are still thrown away each week in the UK. The figure is down 23% from 8.2 million in 2024, which the group said suggests the June 2025 single-use vape ban has helped reduce waste, but it warned that the current level still represents a major waste of valuable materials and a significant fire risk.
Mar.27 by 2FIRSTS.ai
Russian Public Group Seeks Website Restrictions on Remote Vape and Nicotine Sales
Russian Public Group Seeks Website Restrictions on Remote Vape and Nicotine Sales
Russian public movement “Healthy Fatherland,” has proposed blocking access in Russia to online resources that sell vapes and nicotine-containing products remotely.
Apr.15 by 2FIRSTS.ai
Metal Body + AMOLED Screen: KT&G Launches New Heated Tobacco Device Lil Aible 3.0
Metal Body + AMOLED Screen: KT&G Launches New Heated Tobacco Device Lil Aible 3.0
KT&G said it will launch the heated tobacco device Lil Aible 3.0 at four stores in South Korea on February 28. The device shortens charging and preheating time while keeping features such as pausing during use, mode switching, and three consecutive uses. It adopts a metal body and an AMOLED display, comes in four colors, and will expand to Seoul-area convenience stores and the online mall in April, and nationwide convenience stores in May.
Feb.27 by 2FIRSTS.ai
Syria announces comprehensive ban on e-cigarettes covering production, trade, sale and use
Syria announces comprehensive ban on e-cigarettes covering production, trade, sale and use
Syria Damascus health authorities announced a comprehensive ban on e-cigarettes, prohibiting their production, circulation, sale and use, citing health risks and the need to protect public health, particularly among children and young people.
Mar.02 by 2FIRSTS.ai
Malaysia anti-tobacco groups call for stronger enforcement as unregulated vapes remain on sale offline and online
Malaysia anti-tobacco groups call for stronger enforcement as unregulated vapes remain on sale offline and online
Anti-tobacco groups in Malaysia say the continued sale of unregulated vapes in physical stores and the online availability of vape devices underline the need for comprehensive enforcement.
Mar.02 by 2FIRSTS.ai
Glas Says FDA Scientific Review Backed Several Flavored Products Before Senior Leaders Blocked Them
Glas Says FDA Scientific Review Backed Several Flavored Products Before Senior Leaders Blocked Them
Glas says newly released internal FDA records show agency scientific reviewers supported authorization for several flavored G2 products before senior leadership halted them. According to documents obtained through a Freedom of Information Act request, FDA’s Office of Science first recommended marketing authorization for all eight products in December 2025 and later supported six of them in February 2026. FDA ultimately authorized only the G2 device and one tobacco-flavored pod in March.
Apr.23 by 2FIRSTS.ai