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.

Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Several vape manufacturers and distributors, including Shenzhen Smoore Technology Co. Ltd., Smoore International Holdings, 3Win Corp., Jupiter Research LLC, Canna Brand Solutions, and Greenlane Holdings Inc., have filed motions seeking dismissal of consumer claims in consolidated antitrust litigation in the U.S. District Court for the Northern District of California.
Events
Feb.24
22nd Century Positions VLN® Cigarettes for Growth as FDA Considers 0.7 mg/g Nicotine Cap
22nd Century Positions VLN® Cigarettes for Growth as FDA Considers 0.7 mg/g Nicotine Cap
22nd Century Group (Nasdaq: XXII) reported early commercial momentum for its FDA-authorized VLN® very low nicotine cigarettes, distributing approximately 8,800 cartons across 1,700 new U.S. retail outlets in the fourth quarter of 2025, while forecasting expansion to more than 5,000 retail points in 2026.
Business
Feb.24
Singapore Health Minister Ong Ye Kung receives SEATCA award for tobacco control and anti-vaping push
Singapore Health Minister Ong Ye Kung receives SEATCA award for tobacco control and anti-vaping push
SEATCA has honoured Singapore Health Minister Ong Ye Kung with its inaugural Trailblazer Award, citing Singapore’s long-standing vaping ban, stepped-up enforcement and regulatory measures, and the city-state’s role in sharing tobacco-control policy experience across ASEAN.
Feb.06 by 2FIRSTS.ai
Kenya’s BAT Kenya resumes Velo nicotine pouches after citing regulatory clarity
Kenya’s BAT Kenya resumes Velo nicotine pouches after citing regulatory clarity
BAT Kenya says it has resumed sales of Velo oral nicotine pouches after receiving regulatory clarity, reinforcing its push into non-combustible products as cigarette consumption falls.The company reported a 10% drop in turnover in 2025, with revenue closing at KSh23.2 billion (about $178.64 million), largely attributed to the growing presence of illegal tobacco products.
Mar.03 by 2FIRSTS.ai
UK, Jersey and Guernsey to Ban Disposable Vapes From Jan. 31 as Island Sell-Through Window Closes
UK, Jersey and Guernsey to Ban Disposable Vapes From Jan. 31 as Island Sell-Through Window Closes
Jersey and Guernsey will enforce a full ban on disposable vapes from Saturday, 31 January 2026, making it illegal for shops to sell them after close of business. Online purchases shipped into the islands will also be targeted, with Guernsey’s Director of Public Health Dr Nicola Brink saying Customs will conduct checks and can seize imported disposables. Refillable vapes are not covered by the ban.
Jan.29 by 2FIRSTS.ai
Arizona e-cigarette shops ordered to pay $460,000 for selling tobacco and nicotine products to minors
Arizona e-cigarette shops ordered to pay $460,000 for selling tobacco and nicotine products to minors
Arizona Attorney General Kris Mayes announced Pro Source Supply LLC, Pro Source Vapes LLC, Pro Source CBD LLC, and owner Timothy Kell must pay $460,000 in restitution tied to a lawsuit filed last year alleging illegal sales of tobacco and nicotine products to underage buyers.
Jan.07 by 2FIRSTS.ai