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 says lil reached about US$2.924 billion in cumulative sales and is expanding overseas
KT&G says lil reached about US$2.924 billion in cumulative sales and is expanding overseas
KT&G said its HNB brand lil has grown since launch, reporting KRW 7.8 billion (about US$5.304 million) in sales in 2017 and about KRW 4.3 trillion (about US$2.924 billion) in cumulative sales by last year’s third quarter, with KRW 5 trillion (about US$3.400 billion) described as within reach. KT&G said lil has entered more than 30 countries and supplies some products abroad via a partnership with PMI.
Jan.13 by 2FIRSTS.ai
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Authorities in Astana’s Baikonur District have intensified enforcement against illegal smokeless tobacco and related products in 2025. Police conducted 59 inspection raids, identifying 63 cases of illegal sales of smokeless tobacco (nasvay). Total fines imposed reached KZT 3,096,450(approximately USD 5,880). Officials said inspections and preventive outreach will continue.
Dec.29 by 2FIRSTS.ai
Cyprus Ranks Among Europe’s Highest for Teen Vaping, Expert Warns Nicotine Risks Are Being Underestimated
Cyprus Ranks Among Europe’s Highest for Teen Vaping, Expert Warns Nicotine Risks Are Being Underestimated
An opinion piece by Cyprus-based expert Dr. Angelos Kassianos argues that while traditional teen smoking is declining across Europe, vaping is rising rapidly—and Cyprus stands out with high usage levels, including around one in ten 16-year-olds vaping daily.
Jan.28 by 2FIRSTS.ai
Thai Customs Region 2 seizes 22,800 YOOZ-branded vape pod heads
Thai Customs Region 2 seizes 22,800 YOOZ-branded vape pod heads
Thailand’s Customs Region 2 searched a private logistics company in Mukdahan province and seized 22,800 vape pod heads with no evidence of customs clearance. The seized items weighed 389.50 kg in total and were valued at more than THB 4.5 million (about USD 143,581.90). The photo shows packaging marked “YOOZ”.
Jan.16 by 2FIRSTS.ai
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
EVO NXT will move to Prague in April 2026. As an event’s official media partner for four consecutive years, 2Firsts recently interviewed the organisers, who said the relocation reflects strong growth in Eastern European markets for alternative nicotine products. They described EVO NXT as not a traditional trade fair but a business festival shaped by rapid changes in regulation, markets and technological innovation across the global nicotine industry.
Feb.03
French Council of State Strikes Down Total Vape Ban in French Polynesia
French Council of State Strikes Down Total Vape Ban in French Polynesia
France’s highest administrative court, the Council of State, has ruled that Article 76 of French Polynesia’s tobacco law establishing a total ban on vaping products is illegal. The provision, adopted in August and due to take effect by 2027, was successfully challenged by local importers and distributors.
Dec.25 by 2FIRSTS.ai