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.

New York’s Lawsuit Against Puff Bar and Other Flavored Vape Companies Survives Key Court Challenge
New York’s Lawsuit Against Puff Bar and Other Flavored Vape Companies Survives Key Court Challenge
According to Law360, a federal judge ruled that makers and distributors of flavored vape brands such as Puff Bar cannot escape New York’s lawsuit seeking to hold them responsible for the youth vaping epidemic. The court found that the state had adequately alleged the companies misrepresented how safe vaping is.
Apr.07 by 2FIRSTS.ai
Why Many E-Liquids Today Are "Not Bad, but Not Memorable" – Mylor’s Approach to Experience Design
Why Many E-Liquids Today Are "Not Bad, but Not Memorable" – Mylor’s Approach to Experience Design
From May 8 to 10, 2026, Mylor (Booth E70) will exhibit at The Vaper Expo UK, where it will showcase its systematic experience design solutions for e-liquids. At present, the e-liquid market commonly faces a challenge: many products have “no obvious shortcomings, but lack memorable features.” In response, Mylor has proposed refined solutions across multiple dimensions, including device-adaptive sweetness, progressive cooling sensation, fruit-oriented sourness, and segmented nicotine experience.
May.08
KT&G Integrates “lil Aible” Dedicated Stick Lineup Under the “AIIM” Brand
KT&G Integrates “lil Aible” Dedicated Stick Lineup Under the “AIIM” Brand
KT&G said it will integrate the Real, Granular and Vapor Stick product lines for its heated tobacco device “lil Aible” under the “AIIM” brand. The company said the brand integration is intended to organize the existing lineup more intuitively and improve consumer accessibility and convenience.
Mar.18 by 2FIRSTS.ai
FDA Renews Exposure Modification Authorization for IQOS Devices and Three HeatSticks Products
FDA Renews Exposure Modification Authorization for IQOS Devices and Three HeatSticks Products
U.S. Food and Drug Administration renewed modified risk granted orders for five IQOS products from Philip Morris Products S.A., including two IQOS system holders and chargers and three HeatSticks products. Under the renewed orders, the products may continue to be marketed with an exposure modification claim.
Apr.20 by 2FIRSTS.ai
Exhibition Insights | Beyond Devices: What RELX’s Multi-Format Display Suggests About Category Expansion
Exhibition Insights | Beyond Devices: What RELX’s Multi-Format Display Suggests About Category Expansion
RELX’s booth in Prague brought together vaping devices, RELX-branded e-liquids, oral nicotine products and a nasal product concept in one display. Rather than centering the booth on a single hardware line, the company presented multiple product paths side by side.
Apr.20 by 2FIRSTS.ai
Peru Parliament Considers Imposing up to 100% Tax on E-Cigarettes
Peru Parliament Considers Imposing up to 100% Tax on E-Cigarettes
Peru Parliament discusses bill to impose up to 100% tax on e-cigarettes, citing public health concerns. Youth usage at 15.9%.
Mar.20 by 2FIRSTS.ai