FDA Deeming Rule Fully Vacated For Premium Cigars
The premium cigar industry is ready to declare victory in the fight against FDA regulation. This afternoon the United States District Court for the District of Columbia ruled to fully vacate the Deeming Rule as applied to premium cigars. In the case of Cigar Association of America et al, v. the U.S. Food and Drug Administration, the cigar industry has won.
Today’s news should mean the end of warning labels, premarket review of cigars and other limitations that have impeded the ability of cigarmakers to work freely.
Cigarmakers were exuberant.
“It’s been a very difficult and challenging journey. Years of hard work, relentless dedication to the cause, and much financial strain,” says Rocky Patel. “Finally, this cottage industry is saved from illegal, ambiguous and overreaching regulations. Now we can focus on making great quality cigars and you will have the freedom to enjoy them for many years to come.”
“By a few of us never giving up, and putting our money, time, heart and soul on the line, we all won—even when so many others thought it was senseless,” says Carlos Fuente Jr. “Now, with this very meaningful victory, everyone wins.”
“Early on in the fight, I started saying that this was going to be resolved in a court of law. Just because we were right,” says Litto Gomez, the maker of La Flor Dominicana cigars. “Justice was made.”
“This is a great victory for the cigar industry” says Javier Estades, president and CEO of Tabacalera USA and chairman of the Cigar Association of America. “It is an affirmation of what we've been saying to FDA and other regulators— premium cigars are a unique product, marketed to and enjoyed by adults. We are gratified by the decision.”
Drew Newman of J.C. Newman called it “a huge, huge day for premium cigars.”
“Judge Mehta has handed down a scathing rebuke of the FDA and its rule. This underscores what we have been saying for years: premium cigars are different and should be treated as such,” says Scott Pearce, executive director of the Premium Cigar Association.
This official ruling follows the July 2022 opinion filed by Judge Amit P. Mehta on the lawsuit, where he sided in favor of the cigar groups.
The case has cost the cigar industry millions and millions of dollars and hours and hours of time. The ruling should mean an end to the fight, and allow cigarmakers to focus on making and marketing cigars rather than fighting for the right to do so.
The government could appeal, but sources said such action is unlikely. Still, one cigar executive said the fight will never be entirely over.
“Today was a big win for premium cigars, but this isn’t the end,” says Cory Bappert of Oliva Cigar Co. “We will always be under attack, but today we put the U.S. government on notice that we will not be pushed around and will always defend our right to enjoy premium cigars.”
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