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.

Samsung's battery explosion case proceeds as court finds manufacturer maintained “sufficient contacts” with the state
Samsung's battery explosion case proceeds as court finds manufacturer maintained “sufficient contacts” with the state
The Minnesota Court of Appeals has ruled that Samsung SDI Co., Ltd., a South Korean battery manufacturer, is subject to Minnesota jurisdiction in a product-liability case involving a vape battery explosion. The court found the company had “sufficient minimum contacts” with the state through extensive business activity.
Oct.20 by 2FIRSTS.ai
XQS Rolls Out Two Beverage-Flavoured Nicotine Pouches in UK; Says Convenience Stores Are the Fastest-Growing Channel
XQS Rolls Out Two Beverage-Flavoured Nicotine Pouches in UK; Says Convenience Stores Are the Fastest-Growing Channel
Scandinavian Tobacco Group (STG) UK has added two beverage-inspired variants—Cola Lime and Fizzy Peach—to its XQS nicotine pouch range. Both come in an 8mg strength and are available exclusively via the Vape Supplier website, with a recommended retail price of £5.50.
Oct.29 by 2FIRSTS.ai
German tobacco industry leaders gathered at InterTabac to criticize the EU tax reform proposal: high taxes will kill the nicotine pouch industry and hurt fiscal revenue
German tobacco industry leaders gathered at InterTabac to criticize the EU tax reform proposal: high taxes will kill the nicotine pouch industry and hurt fiscal revenue
At the InterTabac opening press conference, German tobacco industry leaders criticized the EU’s proposed tax reform, warning that steep hikes could devastate the nicotine pouch sector, reduce excise revenue, and fuel illicit trade. They called on German policymakers to oppose the changes at the European level.
Sep.19
Tunisia's tobacco control policies are insufficiently implemented; experts call for the introduction of less harmful alternatives to help quit smoking
Tunisia's tobacco control policies are insufficiently implemented; experts call for the introduction of less harmful alternatives to help quit smoking
Although Tunisia has joined the WHO Framework Convention on Tobacco Control and implemented policies such as smoking bans and advertising restrictions, insufficient enforcement means nearly half of all men still smoke, with youth being particularly vulnerable. Public health experts recommend that Tunisia learn from the experiences of Sweden and the United Kingdom, introduce less harmful alternatives, and establish a customized regulatory system.
Sep.30 by 2FIRSTS.ai
U.S. Lawmakers Seek to Empower HHS to Destroy Counterfeit Chinese Tobacco Products
U.S. Lawmakers Seek to Empower HHS to Destroy Counterfeit Chinese Tobacco Products
Bipartisan members of the U.S. Congress have introduced the “Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act” (END Act), seeking to amend the Federal Food, Drug, and Cosmetic Act to authorize the Department of Health and Human Services (HHS) to directly destroy adulterated, misbranded, or counterfeit imported tobacco products.Major tobacco companies, including Altria, along with several public health organizations, have announced their support for the bill.
Nov.11 by 2FIRSTS.ai
Philip Morris International Restructures to Drive Its Smoke-Free Transformation
Philip Morris International Restructures to Drive Its Smoke-Free Transformation
Philip Morris International (PMI) announced a new organizational model effective January 1, 2026, creating two main business units — PMI International and PMI U.S. — to accelerate its smoke-free strategy. The restructuring replaces four regional segments with three: International Smoke-Free, International Combustibles, and U.S., enhancing agility, governance, and long-term growth in reduced-risk products.
Nov.05 by 2FIRSTS.ai