FDA Deeming Rule Fully Vacated for Premium Cigars - Cigar News
FDA Deeming Rule Fully Vacated for Premium Cigars - Cigar News

FDA Deeming Rule Fully Vacated for Premium Cigars – Cigar News

The Premium Industry had a huge victory in the area of regulation. In perhaps the biggest news since the deeming regulations were announced in 2016, those rules have now been completely vacated by the . The ruling means that the deeming regulations introduced by the agency in 2016 do not apply to any that meets the court’s definition of “premium ,” meaning that those cigars are unregulated in the U.S.

FDA Deeming Rule Fully Vacated for Premium Cigars - Cigar News
Deeming Rule Fully Vacated for Premium Cigars – News

The following is a statement from the (Premium Association) about today’s victory.

In the case of Association of America et al, v. U.S. Food and Drug Administration et al. the United States District Court for the District of Columbia ruled to fully vacate the deeming rule as applied to premium cigars for being arbitrary and capricious.

As a party to this litigation, the Premium Association () applauds this important decision by Judge Mehta. The evidence from the being has been clear that premium cigars ought not to be regulated or deemed as the had asserted for over a decade. The Premium Association, as well as our industry partners, have spent millions of dollars and thousands of hours of staff time fighting on behalf of the premium industry to lead to this decision.

“This is a great day for the premium industry. Judge Mehta has handed down a scathing rebuke of the and its rule. This underscores what we have been saying for years: premium cigars are different and should be treated as such.” Says Scott Pearce Executive Director of the Premium Association

“I would like to thank all of the manufacturers, retailers, and partner organizations such as Rights of America and Association of America, our litigation team led by Michael Edney, and our government affairs staff for shepherding this monumental decision,” says Scott Regina President of the Premium Associaton

The Premium Association contributed both financially to the decades-long litigation fight and supplied key data and information utilized in this remedy, including state tobacco age of purchase data, and sounded the alarm on the impeding proposal, including Tobacco Product Manufacturing Practices.

“This is a day of victory for premium manufacturers, retailers, and consumers. There is no better day to smoke a victory than today”, says Greg Zimmerman, President Emeritus of the Premium Association.

The Premium Association will host a Facebook Live on Friday, August 11, 2023 at 2 p.m. to discuss the implications of this remedy and decision. The association will also publish an explanation primer this week for retailers and manufacturers.

Click here to read the court’s decision in its entirety.