Victory Against Regulation

| By David Savona , Marvin R. Shanken | From Mark Wahlberg Q&A, September/October 2023
Victory Against Regulation

Remember the date: August 9, 2023. It’s the day the handmade cigar industry finally won its long, painful and expensive fight against regulation by the U.S. Food and Drug Administration.

It was late in the afternoon on that Wednesday when the United States District Court for the District of Columbia ruled in favor of the cigar industry in the case known as Cigar Association of America et al. v. U.S. Food and Drug Administration. It was the culmination of a court battle waged since 2016. In legal speak Judge Amit P. Mehta fully vacated the FDA’s Deeming Rule as applied to premium cigars. In plain English, he said the FDA had no business trying to regulate the makers of handmade cigars.

This is good news for all of us.

Our editorial team reached out to some of the world’s most prominent cigarmakers that very afternoon to get their thoughts. They were understandably ecstatic:

“It’s been a very difficult and challenging journey—years of hard work, relentless dedication to the cause, and much financial strain,” said Rocky Patel. “Finally, this cottage industry is saved from illegal, ambiguous and overreaching regulations.”

“We all won—even when so many others thought it was senseless,” said Carlos Fuente Jr. “Justice was made,” said Litto Gomez of La Flor Dominicana.

The government has the option to appeal, but sources said such action is unlikely.

This victory has not come cheap. It cost the cigar industry many millions of dollars and endless hours of time. Many cigarmakers sacrificed to earn this victory, spending time in Washington lobbying for relief instead of working in their factories or fields. The industry owes those who fought so hard their gratitude.

This ruling frees up the handmade cigar industry. Cigarmakers can once again operate just like any other legal business, focusing on winning the battle for the market rather than warring with politicians and regulators.

Cigar lovers around the United States should light up smokes to savor this win. It’s a big one. And it’s well deserved.

While you’re enjoying the celebratory cigar, we hope you enjoy this issue, which is packed with great content. First, we have an exclusive interview with one of the biggest stars in the world, Mark Wahlberg. Then, we showcase the new mecca of Florida golf in Hobe Sound, anchored by the ultra-private Grove XXIII, owned by Michael Jordan. We look at the fascinating and exciting world of Formula 1, our football expert analyzes the upcoming pro football season, we show you amazing rums to pair with your cigars and so much more.

Enjoy the issue.