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.

JT Launches Ploom CUBE Heated Tobacco Device Featuring SMART HEATFLOW
JT Launches Ploom CUBE Heated Tobacco Device Featuring SMART HEATFLOW
Japan Tobacco has launched the Ploom CUBE heated-tobacco device in Japan, with a starter kit retail price of JPY 1,980 (approximately US$13). The cube-shaped device employs the same SMART HEATFLOW heating technology as Ploom AURA and delivers roughly 19–27 sticks per charge.
Oct.09 by 2FIRSTS.ai
France’s Finance Committee Rejects 2026 Vaping Tax, Backs Online Sales Ban
France’s Finance Committee Rejects 2026 Vaping Tax, Backs Online Sales Ban
France’s National Assembly Finance Committee voted to oppose the government’s plan in Article 23 of the 2026 budget bill to tax vaping products at €0.30/10mL for low-nicotine liquids and €0.50/10mL for others (with typical bottles priced €5–€7). Lawmakers arguing against the tax said vaping is less harmful than combustible cigarettes and can aid cessation; others warned of a gateway effect for youth and sustained nicotine dependence.
Oct.23 by 2FIRSTS.ai
Product | Pouchless Oral Nicotine NAKD Nicotine Pods Launch with “Garlic-Clove” Shape and Structural Design Drawing Attention
Product | Pouchless Oral Nicotine NAKD Nicotine Pods Launch with “Garlic-Clove” Shape and Structural Design Drawing Attention
NAKD nicotine pods have been launched overseas with a pouchless solid-pellet design, featuring a “garlic clove–like” appearance that is smaller than traditional nicotine pouches. Made from compostable materials and positioned around instant nicotine release, the product is developed by Norwegian brand Den Norske Snusfabrikken and is already available in several European markets.
Nov.18 by 2FIRSTS.ai
Newport News, Virginia, USA, has passed new regulations requiring new e-cigarette shops to be approximately 610 meters away from schools
Newport News, Virginia, USA, has passed new regulations requiring new e-cigarette shops to be approximately 610 meters away from schools
New zoning regulations in Newport News, Virginia require e-cigarette shops to be at least 2000 feet from schools and daycares.
Sep.25 by 2FIRSTS.ai
Russia’s Environmental Operator Proposes Raising Eco Levies on E-Cigarette Manufacturers: “Fee-Driven Remediation” for Hazardous Waste
Russia’s Environmental Operator Proposes Raising Eco Levies on E-Cigarette Manufacturers: “Fee-Driven Remediation” for Hazardous Waste
Because disposable e-cigarettes (with onboard batteries) are difficult to recycle, costly to process, and pose environmental risks, the Russian Environmental Operator (REO) has proposed increasing the environmental (eco) levy on manufacturers and importers of e-cigarettes. REO says the proceeds would fund compliant disposal firms and push improvements in product design and take-back capacity. The funds collected would be directed to support licensed processors, and REO is currently working with
Sep.25 by 2FIRSTS.ai
Singapore media: Relx-linked firm Hellow SG struck off and office closed in Singapore
Singapore media: Relx-linked firm Hellow SG struck off and office closed in Singapore
According to The Straits Times, after Singapore strengthened anti-vaping enforcement from September 2025, Relx International-linked entity Hellow SG voluntarily applied for deregistration and was officially struck off by ACRA on September 30, closing its local office. The company reportedly undertook regional business support and operated quietly.
Nov.03 by 2FIRSTS.ai