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.

Capital Group Takes 5.61% Stake in KT&G, Joining Major Foreign Shareholders
Capital Group Takes 5.61% Stake in KT&G, Joining Major Foreign Shareholders
KT&G disclosed in a regulatory filing on Friday that Capital Research and Management Company, the investment management arm of Capital Group, had acquired a 5.61% stake through purchases made on April 22 and May 4. The move places Capital Group among KT&G’s prominent foreign shareholders, alongside BlackRock, First Eagle Investment Management and Singapore’s sovereign wealth fund GIC.
May.08 by 2FIRSTS.ai
Shunhao Shares Reports 2025 Revenue of RMB 1.188 Billion, While Q1 2026 Net Profit Rises 49.94% and New Tobacco Operations Continue
Shunhao Shares Reports 2025 Revenue of RMB 1.188 Billion, While Q1 2026 Net Profit Rises 49.94% and New Tobacco Operations Continue
Shunhao Shares’ 2025 annual report summary and first-quarter 2026 report show that the company recorded 2025 revenue of RMB 1.188 billion, down 21.78% year on year, while net profit attributable to shareholders rose 30.00% to RMB 58.94 million. In the first quarter of 2026, revenue was RMB 291.51 million, down 10.34% year on year, while attributable net profit rose 49.94% to RMB 19.98 million.
Apr.29 by 2FIRSTS.ai
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA CTP issued a May 7 statement on accelerating product review and improving PMTA efficiency, but did not push it via official X and newsletter until May 13, one day after FDA Commissioner Marty Makary’s resignation was confirmed. FDA has not explained the delay, and no public evidence links it directly to the leadership change. The timing is notable given CTP’s usual 24-hour distribution practice.
Special Report
May.14
From Brands to Supply Chains: 2Firsts Builds a PMTA Compliance Service System for the U.S. Market
From Brands to Supply Chains: 2Firsts Builds a PMTA Compliance Service System for the U.S. Market
2Firsts supports new tobacco and nicotine companies entering the U.S. market with full-chain PMTA compliance services.
Jun.04
UK Tobacco and Vapes Bill Receives Royal Assent, Banning Tobacco Sales to People Born After 2008
UK Tobacco and Vapes Bill Receives Royal Assent, Banning Tobacco Sales to People Born After 2008
The UK government announced on April 29 that the Tobacco and Vapes Bill had received Royal Assent and become law. Under the new law, it is illegal to sell tobacco to anyone born on or after Jan. 1, 2009. The government said the law creates the UK’s first “smoke-free generation” and includes measures to ban the advertising and sponsorship of vapes and nicotine products, as well as powers to restrict packaging, branding and displays designed to appeal to children.
Apr.30 by 2FIRSTS.ai
Türkiye Records 4,163 E-Cigarette Smuggling Raids Over Five Years, With Seizures Worth TRY 1.84 Billion
Türkiye Records 4,163 E-Cigarette Smuggling Raids Over Five Years, With Seizures Worth TRY 1.84 Billion
Turkish Trade Minister Ömer Bolat disclosed enforcement figures on e-cigarette smuggling in response to a written parliamentary question. Over the past five years, Türkiye recorded 4,163 raids targeting e-cigarette smuggling, preventing illegal e-cigarettes, liquids and components worth TRY 1.84 billion, or about USD 40.68 million based on an exchange rate of USD 1 = TRY 45.2339, from reaching the market.
May.07 by 2FIRSTS.ai