Court Rules FDA Acted Improperly in Regulation of Premium Cigars

[NSXCIGAR]

9 hours ago, HarveyBoulevard said:

What is being said is that the overreaching of these agencies and their attempting to exceed their scope has now been addressed.  When these agencies create/change/alter definitions to broaden their administrative powers and create new rules that exceed their ability to do so, the courts step in.

This whole situation was created with the abominable 1984 Chevron decision giving birth to the "Chevron deference" doctrine. The court gave deference to these agencies to interpret the law overly broadly. Certainly it gave future activist courts the excuse to allow any behavior by these agencies they agreed with--something that was entirely predictable. 

I'm optimistic the current court--based on this recent EPA decision and their willingness to deviate from stare decisis in the Dobbs case--would be willing to reverse this atrocious decision if the right case allowed for it. Apparently the EPA case wasn't the proper circumstance to do it. 

[Cigar Surgeon]

8 hours ago, NSXCIGAR said:

I want to know who these kids are. Even I didn't start smoking cigars until 13 and it wasn't easy or cheap to get premiums. I had to suffer through with Swisher Sweets and Tiparillos many times...yes, it was the dark ages. 

I'm quite confident that the actual number approaches zero. I believe it's either kids pulling the wrapper off a cigar to roll a blunt (doubtful given the price of cigars), or the majority who don't actually know what a premium cigar is. 

  

20 hours ago, JustDave said:

• The majority of super heavily peated 20+ year old scotch drinkers do not drink scotch daily, only on special occasions.
• The majority of super heavily peated 20+ year old scotch drinkers do not drink scotch to the point of intoxication.
• Studies show that mild to moderate alcohol ingestion showed an almost insignificant health risk.
• There's almost zero drinking of super heavily peated 20+ year old scotch among kids.

 

So can we remove regulation from "super heavily peated 20+ year old scotch" or anything else like this?  and where do we draw the line?

I think there's a difference between some regulation and burdensome regulation. Do I believe cigars should be regulated at the same level of cigarettes? Absolutely not. The consumption patterns of cigarettes and their associated health impacts are many orders of magnitude worse than cigars.

I don't believe liquor legislation and current cigar legislation is in any way analogous. The pre-market approval, grandfathering processes are all much more restrictive for cigars where no such process exists for alcohol.

The above example could be a solid analogy in describing the way the FDA has approached cigar legislation by saying: high school kids are abusing alcohol (vodka), and so the distillation and sale of aged single malt whisky should be heavily regulated and restricted.