Another victory for the cigar industry as the FDA appeal is shot down by U.S. Court of Appeals
Notch one more win for the handmade, premium cigar industry in the longstanding battle with the FDA over regulations on cigars. This morning, the United States Court of Appeals for the District of Columbia shot down the FDA’s appeal, which sought to overturn the 2023 ruling by Judge Amit P. Mehta of the United States District Court for the District of Columbia that ruled against the FDA.
Today’s decision will keep cigarmakers from having to put warning labels on cigars and deal with other draconian regulations being pushed by the FDA. Even more important, it should allow cigarmakers to focus on their business, rather than on fighting for the right to sell a legal product.
Judges Millett, Pan and Randolph of the Appeals Court pointed out flaws in the government argument, pointing to one study that found that “all but 3 percent of premium cigar users smoke fewer than one per day, and Monograph No. 9 found that smoking a cigar once or twice per day has no statistically significant impact on ‘all-cause’ mortality. Taken together, those two data points provided evidence that premium cigar use poses a less urgent public health risk than that associated with any other tobacco product, including standard cigars.”
“We agree with Judge Mehta that the FDA’s final Rule was arbitrary and capricious,” wrote Judge Randolph, who went on to say that “the FDA’s rationale was factually incorrect."
The court did say that a more exact definition of what makes up a premium cigar is needed.
Cigarmakers and others in the industry were exceptionally happy about today’s news, just as they were in 2023 when Judge Mehta ruled against the FDA.
“It’s good for everybody in the industry. I’m very happy,” says Litto Gomez, the co-owner of the La Flor Dominicana brand and the president of the ProCigar group of Dominican cigarmakers. “The regulation is nonsense, and all it does it interfere with business. I’m very happy that this is happening, and at least for the next four years were are going to be able to do business without interference from the government.”
Javier Estades Saez, the president of Tabacalera USA and the chairman of the Cigar Association of America, called this “a huge win for the premium cigar industry….The CAA is gratified by the DC Circuit Court decision affirming Judge Mehta’s ‘well-reasoned opinion.”
“This is another affirmation of FDA’s missteps regarding the regulation of premium cigars and the necessity of the lawsuit,” says Joshua Habursky, executive director of the Premium Cigar Association. “There are still procedural items ahead but the biggest question on the Deeming Rule is a significant victory (again).”
Drew Newman, one of the owners of J.C. Newman Cigar Co. in Tampa, said: “Today is a huge day for America’s historic premium cigar industry because it ensures that adults will continue to have the right to enjoy a premium cigar for generations to come. Today, my family rolls premium cigars the same way that my great-grandfather did a century ago. Our only goal is to continue handcrafting premium cigars in the United States for another four generations and 130 years. Today’s monumental decision freeing us from government overregulation will allow us to do just that.”
Today’s decision recognizes a simple fact, that premium cigars are different from cigarettes and all other tobacco products. FDA overlooked this in 2016 when it decided to regulate premium cigars and treat them just like cigarettes. The FDA’s decision made no sense and would have subjected premium cigars to a comprehensive set of strict, cumbersome, and costly regulatory requirements, including product testing, manufacturing standards, premarket review and health warning labels. Because these regulations were designed for mass-market products like cigarettes, it would have been impossible for our company and other premium cigar makers to survive.”
