Judge Amit P. Mehta of the U.S. District Court has vacated the U.S. Food & Drug Administration’s deeming regulations for premium cigars

[Cigar Surgeon]

https://halfwheel.com/premium-cigar-industry-beats-fda-in-court-regulations-vacated/428214/

Huge news for the premium cigar industry in the US.

[El Presidente]

[NSXCIGAR]

A rare correct ruling from the DC circuit. Bravo judge Mehta.

An alphabet agency smackdown--on a tobacco related issue no less--is highly uncommon these days. 

Next up the entire Chevron doctrine has to go. 

[Fireball]

A ruling in favor of tobacco? Crazy times.

[BettyHumpder]

19 hours ago, Fireball Ron said:

A ruling in favor of tobacco? Crazy times.

Having read the entirety of the 12-page document released by the court, I came to a little different conclusion than this.

I think it was more a ruling against the FDA and a ruling against the federal government's process than a ruling in favor of tobacco, and Judge Mehta has a history of doing this with federal agencies that overstep their jurisdiction.

The primary reason he gave in his decision is that the FDA said, when giving their "notice of proposed rulemaking" (deeming premium cigars the same as all tobacco), they would take public comment and evidence. the FDA did take public comment and the group representing the cigar industry/consumers submitted loads of evidence to refute the FDA's claim that cigars are as harmful as cigarettes, youth access is on par with other forms of tobacco, etc.

The FDA didn't ignore these comments, they tried to refute them, on the record, but did so in a purposefully misleading way. this is where they got into trouble with the court.

They skewed health facts, they cited youth access to flavored cigars in gas stations as the same thing as youth access to premium cigars in tobacco shops, and they claimed youth premium cigar smoking was higher than it was. and they did this knowing these "facts" would be the basis of their arguments in court.

Judge Mehta took them to task for these things in his ruling, which is why he vacated the FDA's rulemaking on the grounds that the FDA acted in an "arbitrary and capricious" manner.

So, again, my take on this is that the FDA screwed the pooch on the PROCESS. there's no doubt in my mind that the FDA will try again with a different strategy. but jesus h. christ, they need better lawyers, because the ones that set this up are--pardon my french--f*%$ing terrible.

[asudevil08]

1 hour ago, BettyHumpder said:

having read the entirety of the 12-page document released by the court, i came to a little different conclusion than this.

i think it was more a ruling against the FDA and a ruling against the federal government's process than a ruling in favor of tobacco, and judge mehta has a history of doing this with federal agencies that overstep their jurisdiction.

the primary reason he gave in his decision is that the FDA said, when giving their "notice of proposed rulemaking" (deeming premium cigars the same as all tobacco), they would take public comment and evidence. the FDA did take public comment and the group representing the cigar industry/consumers submitted loads of evidence to refute the FDA's claim that cigars are as harmful as cigarettes, youth access is on par with other forms of tobacco, etc.

the FDA didn't ignore these comments, they tried to refute them, on the record, but did so in a purposefully misleading way. this is where they got into trouble with the court.

they skewed health facts, they cited youth access to flavored cigars in gas stations as the same thing as youth access to premium cigars in tobacco shops, and they claimed youth premium cigar smoking was higher than it was. and they did this knowing these "facts" would be the basis of their arguments in court.

judge mehta took them to task for these things in his ruling, which is why he vacated the FDA's rulemaking on the grounds that the FDA acted in an "arbitrary and capricious" manner.

so, again, my take on this is that the FDA screwed the pooch on the PROCESS. there's no doubt in my mind that the FDA will try again with a different strategy. but jesus h. christ, they need better lawyers, because the ones that set this up are--pardon my french--f*%$ing terrible.

agree - an absolute rebuke of government overreach without facts to back up their claims.  Nice to see some semblance of sanity in these times.  

[MrBirdman]

6 hours ago, BettyHumpder said:

my take on this is that the FDA screwed the pooch on the PROCESS

Exactly - and contrary to what some people might say, this is a good example of Chevron doctrine working as intended (and why it doesn’t give license for agencies to just do anything they please). 

Definitely the correct decision. The FDA can try again but without actual facts to back up their plans they’re going down again.