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.

Editorial says West Virginia’s HB 5437 “Vape Safety Act” goes too far, targeting residency and citizenship provisions
Editorial says West Virginia’s HB 5437 “Vape Safety Act” goes too far, targeting residency and citizenship provisions
A News and Sentinel editorial argues that West Virginia’s HB 5437, the “Vape Safety Act,” goes beyond reasonable regulation by adding provisions barring any part of a vape or smoke shop from being used as a residence and requiring owners to be U.S. citizens.
Feb.27 by 2FIRSTS.ai
China’s tobacco regulator names Yao Laiying as top leader
China’s tobacco regulator names Yao Laiying as top leader
China’s tobacco regulator has undergone a top leadership change, according to an official announcement on March 20.
Mar.20
IMF Article Sets Out Three Principles: Cover All Harmful Products, Match Tax Rates to Harm, Improve Cross-Border Coordination
IMF Article Sets Out Three Principles: Cover All Harmful Products, Match Tax Rates to Harm, Improve Cross-Border Coordination
A March 2026 article in Finance & Development, “Taxing Harmful Habits,” argues that taxes on harmful products such as tobacco, alcohol and sugary drinks should better reflect the health harm they cause. The authors propose three principles: capture all harmful products, align tax rates with health harm, and strengthen cross-border coordination to reduce evasion and smuggling.
Mar.24 by 2FIRSTS.ai
STG UK refreshes XQS nicotine pouch packaging: new flavour indicators, hitting retail from March
STG UK refreshes XQS nicotine pouch packaging: new flavour indicators, hitting retail from March
Scandinavian Tobacco Group UK (STG UK) has announced a rebrand across its XQS nicotine pouch range. The updated packaging will be visible at retail from March, with the recommended retail price remaining £5.50. The new packs feature a bolder logo and glossy textures, retain nicotine strength indicators, and add a side flavour profile indicator to show the flavour type.
Feb.28 by 2FIRSTS.ai
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Recent inspections and cargo disruption have led some logistics operators in the China-U.S. vape trade to see early signs of another U.S. border crackdown on illicit e-cigarettes. With late April to early May viewed as a key risk window, the market is watching closely. The bigger question is not only whether enforcement will tighten, but whether it can be sustained.
Special Report
Apr.09
Poland to Discuss Revised E-Cigarette Definitions With Focus on Induction Technology
Poland to Discuss Revised E-Cigarette Definitions With Focus on Induction Technology
According to the agenda published by Poland’s Council of Ministers on Monday, the government is set to consider a draft amendment to the Excise Tax Act on Tuesday.
Apr.14 by 2FIRSTS.ai