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.

Opinion | As EU Reviews Tobacco Rules, Experts Warn Against Overlooking Smokers’ Alternatives
Opinion | As EU Reviews Tobacco Rules, Experts Warn Against Overlooking Smokers’ Alternatives
As the European Commission reviews its tobacco and advertising rules, two experts who provided written comments to 2Firsts argue that future EU policy should not overlook adult smokers’ alternatives. Dr Garrett McGovern and Dr Carmen Escrig say regulators should weigh relative risk, adult switching, flavours, consumer behaviour and scientific uncertainty alongside youth protection.
Industry Insight
Jun.01
Indonesia to Step Up Vape Surveillance as Concerns Rise Over Drug-Laced E-Cigarettes
Indonesia to Step Up Vape Surveillance as Concerns Rise Over Drug-Laced E-Cigarettes
Indonesia will strengthen surveillance of vapes amid growing concerns over drug-laced e-cigarettes. The National Food and Drug Monitoring Agency, or BPOM, will soon take charge of monitoring nationwide vape distribution and said it will work with the National Narcotics Agency, or BNN. BNN recently floated a plan to completely ban e-cigarettes, saying a total ban was the only way to prevent liquid narcotics.
May.11 by 2FIRSTS.ai
York Traders Could Face Fines of Up to GBP 200 Under New Illegal Vape Enforcement Plans
York Traders Could Face Fines of Up to GBP 200 Under New Illegal Vape Enforcement Plans
City of York Council is considering new plans that would allow fines of up to GBP 200.00 (approximately USD 260.00) for traders caught selling illegal single-use vapes.
Apr.09 by 2FIRSTS.ai
Jinjia Shares Discloses 2025 Annual and Q1 2026 Results With Revenue Growth, Profit Pressure and Expanding New Tobacco Business
Jinjia Shares Discloses 2025 Annual and Q1 2026 Results With Revenue Growth, Profit Pressure and Expanding New Tobacco Business
Jinjia Shares’ 2025 annual report summary and first-quarter 2026 report show that the company recorded 2025 revenue of RMB 2.988 billion, up 4.57% year on year, while net profit attributable to shareholders turned to a loss of RMB 346 million. In the first quarter of 2026, revenue rose 58.13% year on year to RMB 1.005 billion, but attributable net profit fell 45.16% to RMB 36.5349 million. The company said both revenue and cost growth were related to the expansion of its new tobacco business.
Apr.28 by 2FIRSTS.ai
FDA Defines Enforcement Focus for Unauthorized E-Cigarettes and Nicotine Pouches
FDA Defines Enforcement Focus for Unauthorized E-Cigarettes and Nicotine Pouches
The U.S. Food and Drug Administration issued guidance on May 8, 2026, titled “Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization.” The document describes FDA enforcement policies for certain electronic nicotine delivery system products and nicotine pouch products marketed without premarket authorization.
May.09 by 2FIRSTS.ai
Seoul to Fine Use of Liquid E-Cigarettes in No-Smoking Areas From April 24
Seoul to Fine Use of Liquid E-Cigarettes in No-Smoking Areas From April 24
Seoul will begin fining the use of all tobacco products, including liquid e-cigarettes, in no-smoking areas from April 24, when the revised Tobacco Business Act takes effect.
Apr.09 by 2FIRSTS.ai