Judge: FDA Ignored Evidence in ‘Deeming’ Premium Cigars

Events by tobaccoreporter
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.

EPO Invalidates Philip Morris Heated Tobacco Patent After Imperial Brands Challenge
EPO Invalidates Philip Morris Heated Tobacco Patent After Imperial Brands Challenge
The European Patent Office invalidated Philip Morris International’s heated tobacco patent, ruling it lacked inventiveness after a challenge by Imperial Brands’ subsidiary Fontem Ventures BV.
Oct.11 by 2FIRSTS.ai
South Korea to ban vape vending machines near schools from February 15, 2026
South Korea to ban vape vending machines near schools from February 15, 2026
Starting from February 15, 2026, South Korea bans e-cigarette vending machines within 200m of schools to protect youth from nicotine products.
Oct.14 by 2FIRSTS.ai
Singapore Sentences Malaysian Lorry Driver to 27 Weeks Over Cross-Border Vape Smuggling
Singapore Sentences Malaysian Lorry Driver to 27 Weeks Over Cross-Border Vape Smuggling
A 32-year-old Malaysian driver, Mohammad Fakaruddin Mohd Rosli, was sentenced to 27 weeks’ jail after pleading guilty to smuggling more than 14,000 vapes and components into Singapore and later attempting to leave the country illegally by hiding in another lorry’s cargo hold.
Nov.04 by 2FIRSTS.ai
U.S. Company TPB Q3 Earnings: Nicotine Pouch Sales Surge 628% YoY, First U.S. Production Line Planned
U.S. Company TPB Q3 Earnings: Nicotine Pouch Sales Surge 628% YoY, First U.S. Production Line Planned
Turning Point Brands (NYSE: TPB) released its financial results for the third quarter of 2025, reporting strong revenue and profit growth driven by surging Modern Oral (nicotine pouch) sales. The company announced plans to establish its first U.S.-based white pouch production line in 2026, marking a key step toward manufacturing localization.
Nov.06 by 2FIRSTS.ai
France plans to impose new taxes on e-liquids, with the vape industry association warning of unemployment risk
France plans to impose new taxes on e-liquids, with the vape industry association warning of unemployment risk
French government proposes tax on e-liquid, sparking concerns over job losses and increased smuggling and underage sales risks.
Oct.16 by 2FIRSTS.ai
Australia Leads COP11 Seminars as Exploding Illicit Tobacco Market Raises Questions
Australia Leads COP11 Seminars as Exploding Illicit Tobacco Market Raises Questions
Australia sent a delegation to COP11 in Switzerland and is leading three major seminars to showcase its vape and tobacco control policies. But at home, illicit cigarette sales are skyrocketing amid record-high taxes, drawing criticism from the tobacco industry and prompting doubts over policy effectiveness.
Nov.20 by 2FIRSTS.ai