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.

Sarawak Cabinet Approves Gradual Ban on Vape Products to Curb Rising Youth Use
Sarawak Cabinet Approves Gradual Ban on Vape Products to Curb Rising Youth Use
The Sarawak Cabinet has agreed to implement a phased ban on vape products amid growing concern over rising use among youths. Welfare, Community Wellbeing, Women, Family and Childhood Development Minister Datuk Seri Fatimah Abdullah said the move demonstrates the state’s firm commitment to safeguarding young people’s health and future.
Nov.17 by 2FIRSTS.ai
Philippines Probe Agency Seizes 800 Smuggled Vape Products in Manila, Stores Face Multiple Charges
Philippines Probe Agency Seizes 800 Smuggled Vape Products in Manila, Stores Face Multiple Charges
The National Bureau of Investigation (NBI) recently seized around PHP 250,000 (approximately USD 4,250) worth of smuggled and unregistered vape devices and liquids—about 800 items in total—from two stores in Manila. Authorities said the devices could be modified to discreetly consume cannabinoids and other illegal drugs, and that those involved will face charges under the Philippines’ Vaporized Nicotine and Non-Nicotine Products Regulation Act and the Consumer Act.
Dec.02 by 2FIRSTS.ai
Russian State Duma Committee supports bill for tobacco and nicotine products market legalization
Russian State Duma Committee supports bill for tobacco and nicotine products market legalization
A bill endorsing a licensing system for tobacco and nicotine products has been recommended in Russia's State Duma.
Nov.14 by 2FIRSTS.ai
Product | Pouchless Oral Nicotine NAKD Nicotine Pods Launch with “Garlic-Clove” Shape and Structural Design Drawing Attention
Product | Pouchless Oral Nicotine NAKD Nicotine Pods Launch with “Garlic-Clove” Shape and Structural Design Drawing Attention
NAKD nicotine pods have been launched overseas with a pouchless solid-pellet design, featuring a “garlic clove–like” appearance that is smaller than traditional nicotine pouches. Made from compostable materials and positioned around instant nicotine release, the product is developed by Norwegian brand Den Norske Snusfabrikken and is already available in several European markets.
Nov.18 by 2FIRSTS.ai
Vietnam’s Health Ministry Proposes Including E-Cigarettes and Heated Tobacco in the Investment Law Ban List
Vietnam’s Health Ministry Proposes Including E-Cigarettes and Heated Tobacco in the Investment Law Ban List
Vietnam’s Ministry of Health has submitted a proposal to the Government Office recommending that “e-cigarettes and heated tobacco products” be added to the list of prohibited investment and business sectors in the amended Investment Law. The proposal aligns with National Assembly Resolution No. 173/2024/QH15, which bans the production, trade, import, and use of these products starting in 2025.
Nov.12 by 2FIRSTS.ai
Australia forms National Disruption Group to combat illicit tobacco and converging crime threats
Australia forms National Disruption Group to combat illicit tobacco and converging crime threats
Australia establishes new national task force to combat illegal tobacco market, led by Interior Minister Tony Burke.
Oct.20 by 2FIRSTS.ai