A federal judge in Washington, D.C., has barred the Food and Drug Administration from regulating premium cigars.
Judge Amit P. Mehta of the United States District Court for the District of Columbia decided that the FDA overlooked scientific data when it included premium cigars in its proposed rule declaring tobacco products subject to the Family Smoking Prevention and Tobacco Control Act (FDCA).
The Cigar Association of America produced evidence in court showing FDA-funded research found cigar smokers do not have higher “all-cause” mortality rates than nonsmokers.
“The agency then ignored relevant data in the record that commentators had highlighted and inexplicably made a ‘no data’ finding,” Mehta ruled. “The significance of the agency’s error supports vacatur.”
As a result of the verdict, the FDA would have to restart the regulatory process if it so desired, according to a news release from the Cigars Association.
“This is a big victory for cigar enthusiasts across America,” CAA President David Ozgo said in a statement. “The evidence clearly showed the public would receive little benefit resulting from FDA regulation of premium cigars. Moreover, the regulation would add burdensome costs to all premium cigar manufacturers, which cannot be justified.”
