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.

Cyprus Bill to Regulate Nicotine Pouches Expected to Reach House Plenary in Early April
Cyprus Bill to Regulate Nicotine Pouches Expected to Reach House Plenary in Early April
A proposed law to regulate nicotine pouches in Cyprus is expected to reach the House plenary session in early April. The bill, submitted by Diko MP Chrysis Pantelidis, aims to establish a regulatory framework governing the marketing, composition and quality of nicotine pouches currently circulating on the market and to incorporate them into existing smoking control legislation.
Mar.13 by 2FIRSTS.ai
Fourth Circuit denies rehearing bid over stay allowing Virginia e-cigarette rules to be enforced
Fourth Circuit denies rehearing bid over stay allowing Virginia e-cigarette rules to be enforced
The U.S. Court of Appeals for the Fourth Circuit has declined to grant en banc or other rehearing of its decision to stay an order that had blocked enforcement of certain Virginia e-cigarette regulations. In a brief order filed Tuesday, the court denied a rehearing petition by Nova Distro Inc. and Tobacco Hut and Vape Fairfax Inc., noting that no judge requested a poll on the petition.
Mar.05 by 2FIRSTS.ai
Al Fakher Parent AIR Advances U.S. Listing Plan, With Deal Expected in First Half of 2026
Al Fakher Parent AIR Advances U.S. Listing Plan, With Deal Expected in First Half of 2026
AIR Limited and Cantor Equity Partners III, Inc. announced that AIR and AIR Holdings Limited have filed a Form F-4 registration statement with the U.S. Securities and Exchange Commission in connection with their previously announced proposed business combination. Upon closing, the combined company, AIR Global PLC, is expected to be listed on Nasdaq in the United States under the ticker symbol “AIIR.”
Mar.31 by 2FIRSTS.ai
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE® Nicotine Pouches announced a partnership with Taylor Reimer Racing, becoming the Official Nicotine Sponsor for four races in the 2026 ARCA Menards Series and serving as the primary sponsor at events in Alabama, Michigan, Minnesota, and Arizona. FRE branding will appear on the race car, driver suit, and helmet, and the collaboration will also extend to off-track content and activations.
Feb.27
Ireland’s 2026 amendment bill to regulate nicotine pouches and tighten rules on vaping products
Ireland’s 2026 amendment bill to regulate nicotine pouches and tighten rules on vaping products
The Irish government has approved the publication of the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026. The bill would ban the sale of nicotine consumption products such as nicotine pouches to those under 18 and further regulate nicotine vaping products.
Mar.05 by 2FIRSTS.ai
UK Vape Distributor JM Wholesale Files Notice to Enter Administration
UK Vape Distributor JM Wholesale Files Notice to Enter Administration
UK vape distributor JM Wholesale filed a notice on March 20 to enter administration. The Leicestershire-based company submitted the notice through Shakespeare Martineau, with Quantuma expected to be appointed as administrator.
Mar.23 by 2FIRSTS.ai