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.

French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French lawmakers Nicolas Thierry and Pierre Cazenave said on April 15 that they will file a cross-party bill to extend plain packaging requirements to vaping products. Under the proposal, unit packs and outer packaging for vaping products, including those without nicotine, would become neutral and standardized in the same way cigarette packs have been since 2017.
Apr.16 by 2FIRSTS.ai
 RFK Jr. Spokesman Resigns Over FDA Authorization of Fruit-Flavored Vapes
RFK Jr. Spokesman Resigns Over FDA Authorization of Fruit-Flavored Vapes
Richard Danker, a senior public affairs official in Health Secretary Robert F. Kennedy Jr.’s team, resigned from his role at HHS over the FDA’s recent authorization of fruit-flavored vaping products. In a resignation letter addressed to President Donald Trump, Danker argued that the products could expose minors to nicotine addiction, lung damage, and increased cancer risks, while also conflicting with recent HHS guidance on youth risks associated with flavored nicotine products.
News
May.15
Japan Tobacco Q1 2026 Financial Results: Revenue at $5.914 Billion,RRP Revenue Up 63.8% YoY
Japan Tobacco Q1 2026 Financial Results: Revenue at $5.914 Billion,RRP Revenue Up 63.8% YoY
Japanese Tobacco (JT) reports Q1 2026 revenue of 924 billion yen, a 15.2% increase; operating profit rises 24.7%.
May.08 by 2FIRSTS.ai
Philip Morris Japan Unveils TEREA “Blossom Pearl” for IQOS ILUMA
Philip Morris Japan Unveils TEREA “Blossom Pearl” for IQOS ILUMA
Philip Morris Japan announced that it will launch “TEREA Blossom Pearl,” a new tobacco stick for IQOS ILUMA, on May 11. The new product will expand the TEREA lineup to 27 variants. It features a capsule menthol flavor with strawberry and subtle herbal notes and is priced at JPY 620, or about USD 4.14 based on an assumed rate of 1 JPY = 0.00668 USD. The exchange-rate source should be verified and added.
Apr.28 by 2FIRSTS.ai
Tobacco Farming in the New Nicotine Era: Why Indian Farmers Struggle to Transition — Contributed by Samrat Chowdhery
Tobacco Farming in the New Nicotine Era: Why Indian Farmers Struggle to Transition — Contributed by Samrat Chowdhery
In this contributed article to 2Firsts, Mumbai-based journalist and harm reduction advocate Samrat Chowdhery examines India’s tobacco transition from the perspective of agriculture, supply chains and regulation. As noted by 2Firsts, India offers a relevant case for understanding how new nicotine technologies may affect not only consumption, trade and policy, but also tobacco farming.
Special Report
May.29
India Seizes $14 Million Worth of Illegal Vaping Products Imported From China
India Seizes $14 Million Worth of Illegal Vaping Products Imported From China
India’s Directorate of Revenue Intelligence (DRI) seized approximately 300,000 illegal e-cigarettes and vaping devices worth more than ₹120 crore (approximately $14 million) during coordinated multi-state enforcement operations.
Regulations
May.22