Appeals Court Upholds Premium Cigar Exemption
The U.S. Court of Appeals for the District of Columbia Circuit in the case of Cigar Association of America et al. v. United States Food and Drug Administration et al upheld the vacatur of the deeming rule of premium cigars upholding the decision by Judge Amit Mehta. The Premium Cigar Association was one of the three parties challenging the FDA in this case along with Cigar Rights of America and Cigar Association of America.
The unanimous ruling of the Circuit Court confirms that the FDA’s previous regulatory actions on premium cigars were arbitrary and capricious. The court did remand the definition of premium cigars for Judge Mehta to decide in the future.
“This is another affirmation of FDA’s missteps regarding the regulation of premium cigars and the necessity of this lawsuit,” said Joshua Habursky, the Executive Director of PCA. “There are still procedural items ahead, but the biggest question on the Deeming Rule is a significant victory.”
"I would like to thank our counsel Michael Edney, PCA government affairs staff, and our stakeholder partners for supporting this lawsuit and securing this victory," added Scott Regina President of the Premium Cigar Association
The PCA will continue to engage with stakeholders and policymakers to protect the interests of premium cigar consumers, retailers, and manufacturers.
To review the court's entire opinion, click here.
