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.

Product | Vaporless Mode + Transparent Display Screen: Kanger Launches Subox Mix 50K in the U.S.
Product | Vaporless Mode + Transparent Display Screen: Kanger Launches Subox Mix 50K in the U.S.
E-cigarette brand Kanger has recently launched its new e-cigarette, the Subox Mix 50K, across multiple online channels in the United States. The product features a “vaporless mode” and a transparent digital display design, supporting switching between approximately 25K vapor puffs and 25K vaporless puffs, for a total of 50,000 puffs, while displaying battery level and mode status in the transparent pod section.
Apr.13 by 2FIRSTS.ai
Kentucky Governor Signs Tobacco, Nicotine, and Vapor Product Licensing Bill Into Law
Kentucky Governor Signs Tobacco, Nicotine, and Vapor Product Licensing Bill Into Law
A Kentucky bill relating to tobacco, nicotine, and vapor product licensing was signed by the governor on April 10, 2026, and enacted as Acts Chapter 70. The measure sets application requirements for tobacco, nicotine, and vapor product licenses, governs batch licensing, renewals, ownership changes, and denial grounds, and requires the Department of Alcoholic Beverage Control to publish application forms and related regulations within 30 days of the law’s effective date.
Apr.14 by 2FIRSTS.ai
Bangladesh May Remove E-Cigarette Production and Sales Ban in Tobacco Law Amendment
Bangladesh May Remove E-Cigarette Production and Sales Ban in Tobacco Law Amendment
Bangladesh is preparing amendments to its anti-tobacco ordinance that would remove the ban on the production and sale of e-cigarettes and also delete provisions prohibiting the display of tobacco products at points of sale.
Mar.31 by 2FIRSTS.ai
Philip Morris Ukraine Says Ukraine’s Flavored Vape Ban Still Lacks Effective Enforcement
Philip Morris Ukraine Says Ukraine’s Flavored Vape Ban Still Lacks Effective Enforcement
Mikhail Polyakov, deputy general director for corporate affairs at Philip Morris Ukraine, said Ukraine’s ban on flavored and aromatic additives for e-cigarettes, in force since July 11, 2024, has not worked in practice because compliance is not being enforced.
Mar.17 by 2FIRSTS.ai
UK Opens Applications for Vaping Products Duty and Duty Stamps Scheme From April 1
UK Opens Applications for Vaping Products Duty and Duty Stamps Scheme From April 1
HM Revenue and Customs announced that from April 1, 2026, UK vaping product manufacturers, importers and warehousekeepers can apply for approval under Vaping Products Duty (VPD) and the Vaping Duty Stamps Scheme (VDS). Under new GOV.UK guidance, Vaping Products Duty will take effect on October 1, 2026 and will apply to all vaping liquids, whether they contain nicotine or not.
Apr.02 by 2FIRSTS.ai
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
The European Commission has published its evaluation of the EU tobacco control framework, assessing the effectiveness, efficiency and relevance of the Tobacco Products Directive and Tobacco Advertising Directive in protecting public health and ensuring the smooth functioning of the internal market.
Apr.03 by 2FIRSTS.ai