Legal Win For The Good Guys: Court Keeps “Premium Cigar” Definition

[El Presidente]

Judge Mehta upholds previous order to vacate FDA Deeming Rule, another victory for the cigar industry

https://www.cigaraficionado.com/article/d-c-justice-rules-for-premium-cigars-again

This ruling is yet another legal victory for the premium cigar industry in its battle to prevent the FDA from overseeing the sale and manufacturing process of handmade cigars. Last year, Judge Mehta shot down the FDA’s 2024 appeal to overturn his 2023 ruling in favor of the cigar industry. 

[NYGuido]

Interesting. The actual judicial opinion only addresses the definition of a premium cigar which CAA wanted to include essentially machine made and flavored cigars. The FDA, CRA, and PCA all were united against this change. The applicability of the deeming rule to premium cigars wasn't at issue, since a higher court (the DC Circuit) already upheld it, remanding only for further proceedings on the definition issue.

 

[JohnS]

Court Keeps “Premium Cigar” Definition, Flavored Cigars Not Exempt

April 15, 2026 - Charlie Minato

The decades-long lawsuit that the cigar industry filed against the FDA’s regulation may have finally come to an end on April 15, 2026, though maybe not.

That lawsuit, Cigar Association of America et al. v. United States Food and Drug Administration et al., was filed in July 2016 and was effectively decided in August 2023. However, the government appealed a lower court decision, which was affirmed in January 2025. However—again—the appeals court sent the case back to the lower court to decide one issue: what is a “premium cigar”?

In the end, Judge Amit P. Mehta, the same judge who has overseen the case since it was filed, upheld the same definition used since 2020. That means most handmade cigars that do not have added flavoring are not subject to the FDA’s deeming regulations, which include product approval, user fees and other restrictions. Flavored cigars and machine-made cigars remain subject to those rules.

Full Article: https://halfwheel.com/court-keeps-premium-cigar-definition-flavored-cigars-not-exempt/467465/

[JohnS]

Judge Issues Final Ruling on Premium Cigar Definition

April 16, 2026 - Press Release

Judge Amit P. Mehta issued a ruling that finally resolves Cigar Rights of America’s (CRA) long-fought battle against the U.S. Food & Drug Administration’s (FDA) overregulation with an unprecedented and total win for our industry. The judge has decided that premium cigars will remain outside the scope of FDA regulation at this time and that the exemption will apply only to truly premium products.

Today’s ruling adopts a definition of “premium cigar” first articulated by Judge Mehta in his August 2023 decision, a definition supported by CRA and the Premium Cigar Association (PCA) and later acknowledged by FDA. The ruling marks the final chapter in a series of court proceedings that began after Judge Mehta vacated FDA’s application of its tobacco regulatory framework to premium cigars in August of 2023, finding that the agency failed to justify treating premium cigars the same as mass-market tobacco products. Importantly, Judge Mehta’s conclusion in that decision rested on the administrative record shaped by CRA’s sustained leadership and advocacy during the FDA’s rulemaking process, which the court relied upon in its landmark decision to vacate the agency’s regulatory authority over premium cigars.

Full article: https://www.cigarjournal.com/judge-issues-final-ruling-on-premium-cigar-definition/

[westg]

https://www.instagram.com/reel/DXNdq7wjT2H/?igsh=a3FnbTQ1YmFmNjZy

Well done. He fights the good fight. I will buy a few of his cigars this weekend. And be absolutely sure to smoke them indoors. Congratulations.