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.

Malaysia maritime officers seize nearly 16,500 vapes in suspected cross-border smuggling bid
Malaysia maritime officers seize nearly 16,500 vapes in suspected cross-border smuggling bid
According to Malay Mail and Bernama, Malaysia’s maritime enforcement agency intercepted a suspicious lorry at a jetty in Kedah’s Kuala Sanglang and seized nearly 16,500 vape devices worth more than RM500,000 (about US$125,000). Three men were detained for investigation, and the case is being probed under Malaysia’s Customs Act 1967.
Mar.09 by 2FIRSTS.ai
Special Report | Breeze and Glas Seek White House Review as FDA Advances Flavored ENDS Guidance
Special Report | Breeze and Glas Seek White House Review as FDA Advances Flavored ENDS Guidance
Breeze Smoke and Glas, Inc. have separately requested White House review under Executive Order 12866 as the FDA advances draft guidance on flavored ENDS (RIN 0910-ZC78). The guidance aims to clarify evidentiary standards under the statutory “appropriate for the protection of public health” (APPH) framework. The parallel filings highlight industry concern over regulatory predictability, particularly as Glas’s PMTA review status has recently drawn market attention.
Special Report
Mar.03
Imperial Brands Expects Low-Single-Digit Tobacco and NGP Net Revenue Growth in H1
Imperial Brands Expects Low-Single-Digit Tobacco and NGP Net Revenue Growth in H1
Imperial Brands released a trading update on April 14, reiterating its FY26 guidance and saying its 2030 transformation has started positively. The company said it still expects low-single-digit tobacco net revenue growth, double-digit NGP net revenue growth, 3.00% to 5.00% growth in Group adjusted operating profit, at least high-single-digit earnings per share growth, and at least GBP 2.2 billion in free cash flow for the full year.
Apr.14 by 2FIRSTS.ai
Iowa House says governor’s tobacco and vape tax hikes are in a “holding pattern”
Iowa House says governor’s tobacco and vape tax hikes are in a “holding pattern”
Radio Iowa reported that House Speaker Pat Grassley said House Republicans are wrestling with Gov. Kim Reynolds’ proposal to raise Iowa’s tax on tobacco products and impose a new 15% sales tax on vaping products. Grassley said the idea is in a “holding pattern,” noting it does not align neatly with recent Republican moves to cut income taxes, and that House Republicans already removed the proposed tax increase from the governor’s MAHA bill.
Feb.27 by 2FIRSTS.ai
Belarus Official Says Full Vape Ban Is Not Advisable Due to Supply Risks From Russia
Belarus Official Says Full Vape Ban Is Not Advisable Due to Supply Risks From Russia
A Belarusian Interior Ministry official said on March 18 at a press conference on preventing dependence on electronic smoking systems that a full ban on vapes is not appropriate in Belarus at this stage.
Mar.19 by 2FIRSTS.ai
China’s E-cigarette Exports Reach $1.694 Billion in Jan–Feb 2026; U.S., UK, Germany Lead, Japan Rises to Fourth
China’s E-cigarette Exports Reach $1.694 Billion in Jan–Feb 2026; U.S., UK, Germany Lead, Japan Rises to Fourth
China Customs Administration released e-cigarette export data for January and February 2025, showing varied monthly performances in 2026.In January, the export value was $940 million, a decrease of 6.2% compared to January 2025's $1.02 billion. In February, the export value was $754 million, a 51.2% increase compared to February 2025's $498 million.
Mar.20 by 2FIRSTS.ai