CIGAR INDUSTRY, FDA BRIEF COURT OVER POTENTIAL DEREGULATION OF PREMIUM CIGARS

[El Presidente]

Very good article by Charles Minato. 

CIGAR INDUSTRY, FDA BRIEF COURT OVER POTENTIAL DEREGULATION OF PREMIUM CIGARS

Yesterday, the two sides of the federal lawsuit over the regulation of “premium cigars” submitted briefs to the court arguing over what consequences of last month’s ruling should be, setting the stage for a potential deregulation of “premium cigars.”

It’s the latest part of Cigar Association of America et al. v. United States Food and Drug Administration et al., the six-year-old lawsuit over the U.S. Food & Drug Administration’s deeming regulations and their effects on the premium cigar industry. Last month, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia delivered a major victory for the cigar industry, ruling that FDA acted in an arbitrary and capricious manner when it failed to evaluate key evidence while it was drafting the finalized version of the rule.

Specifically, Mehta ruled that during 2014-2016, while the FDA was finalizing its “deeming regulations” for other tobacco products, including cigars, the agency failed to evaluate evidence about whether “premium cigars” might pose less public health risks or might be less attractive to underage smokers than other cigars

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[NSXCIGAR]

The government has a weak case and this judge seems to be open to the facts. I think it's looking positive. 

[Cigar Surgeon]

FDA is about to be bent over Mehta's bench and judicially spanked. He was quite clear to the FDA in July that they were to provide a remedy based on his instructions. They completed ignored it, and at this point my expectation is that he's going to rule in favor of the cigar industry.

[GoodStix]

@Cigar Surgeonif the USA goes the right direction, is any body advocating/litigating for change in Canada?  I don't know if the industry in Canada is well, poorly, or un- represented.

[Cairo]

9 hours ago, El Presidente said:

Very good article by Charles Minato.

Halfwheel is a class outfit for sure.   They have had outstanding coverage of US regulatory issues (cigars).

[NSXCIGAR]

2 hours ago, Cairo said:

Halfwheel is a class outfit for sure.   They have had outstanding coverage of US regulatory issues (cigars).

Yes, thanks @charlieminato. HW is always a up to date and reliable source for all important cigar news. 

[Cigar Surgeon]

14 hours ago, GoodStix said:

@Cigar Surgeonif the USA goes the right direction, is any body advocating/litigating for change in Canada?  I don't know if the industry in Canada is well, poorly, or un- represented.

That ship has sailed a long time ago. Unfortunately we have a pretty consistent track record of never rolling back legislation. I'd say the chances are somewhere around 0.

[GoodStix]

Thank you.  Sad to hear.  So glad our nannies in Ottawa follow the science.