The Premium Cigar Industry had a huge victory in the area of cigar regulation. In perhaps the biggest news since the deeming regulations were announced in 2016, those rules have now been completely vacated by the FDA. The ruling means that the deeming regulations introduced by the agency in 2016 do not apply to any cigar that meets the court's definition of “premium cigar,” meaning that those cigars are unregulated in the U.S.
The following is a statement from the PCA (Premium Cigar Association) about today's victory.
In the case of Cigar 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 Cigar Association (PCA) 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 FDA had asserted for over a decade. The Premium Cigar 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 cigar industry to lead to this decision.
“This is a great day for the premium cigar industry. Judge Mehta has handed down a scathing rebuke of the FDA 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 Cigar Association
“I would like to thank all of the manufacturers, retailers, and partner organizations such as Cigar Rights of America and Cigar 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 Cigar Associaton
The Premium Cigar 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 FDA proposal, including Tobacco Product Manufacturing Practices.
“This is a day of victory for premium cigar manufacturers, retailers, and consumers. There is no better day to smoke a victory cigar than today”, says Greg Zimmerman, President Emeritus of the Premium Cigar Association.
The Premium Cigar 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.