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.

KT&G Nears ASF Acquisition, Preparing Wide Regional Nicotine Pouch Expansion
KT&G Nears ASF Acquisition, Preparing Wide Regional Nicotine Pouch Expansion
South Korean outlet nate reports that KT&G expects to finalize its acquisition of Nordic nicotine pouch maker ASF within this year. Beginning next year, the company plans to expand the business well beyond ASF’s current five Nordic markets to Europe, the Middle East, Africa, Asia and North America, supported by its cooperation framework with Altria.
Nov.25
South Korea Publishes List of Major Tax Delinquents: Vape Wholesaler Owes Over USD 15.5 Million
South Korea Publishes List of Major Tax Delinquents: Vape Wholesaler Owes Over USD 15.5 Million
The Korea Customs Service (KCS) has released a list of 236 habitual and large-scale customs tax delinquents with total unpaid taxes amounting to approximately USD 917 million. Among them, a vape wholesaler tops the individual list, owing about USD 15.57 million, while another vape-related company owes roughly USD 12.02 million.
Nov.11 by 2FIRSTS.ai
Belarus to Tighten Vape Regulations, Raise Excise Taxes in 2026
Belarus to Tighten Vape Regulations, Raise Excise Taxes in 2026
Belarusian lawmakers are drafting a new bill to regulate the vape market amid growing concern over youth nicotine use and the spread of illegal products. While a total ban is not planned, the focus will be on stricter licensing, advertising limits, and higher taxes.
Nov.19 by 2FIRSTS.ai
Survey Shows E-cigarette Use Doubles Among Young Thais
Survey Shows E-cigarette Use Doubles Among Young Thais
Thailand’s latest national health survey shows a sharp increase in e-cigarette use among people under 30, particularly among female adolescents. Researchers found that vaping has not reduced overall tobacco harm and has instead driven growth in new nicotine users, with younger ages of initiation. Public health experts urged sustained enforcement and comprehensive policies centred on banning e-cigarettes, strengthening law enforcement and expanding public awareness to protect children and youth.
Dec.19 by 2FIRSTS.ai
Argentine province of Santa Fe passes bill expanding smoking regulations to include e-cigarettes and heated tobacco products
Argentine province of Santa Fe passes bill expanding smoking regulations to include e-cigarettes and heated tobacco products
The Santa Fe Provincial Chamber of Deputies has passed a bill amending the 2005 Provincial Anti-Smoking Law (No. 12,432) to include e-cigarettes, vaping devices, and heated tobacco products. Lawmaker Sonia Martorano, who authored the initiative, said the reform aims to strengthen prevention policies amid growing youth use, stressing that “even without nicotine, these devices are toxic.”
Nov.05 by 2FIRSTS.ai
Polish Government Plans Ban on Flavoured Nicotine Pouches and Disposable E-Cigarettes
Polish Government Plans Ban on Flavoured Nicotine Pouches and Disposable E-Cigarettes
Poland’s government is preparing to amend the Act on Protection of Health from the Consequences of Tobacco Use to ban the sale of flavoured nicotine pouches and disposable e-cigarettes. The Health Ministry says the goal is to protect youth from nicotine addiction, citing World Health Organization data on the risks of such products. However, industry representatives and legal experts argue the proposal is abrupt and could expand the illicit market.
Dec.05 by 2FIRSTS.ai