The Cigar Association of America (CAA) has submitted a revised definition of “premium cigar” in its ongoing legal battle with the U.S. Food and Drug Administration. Filed June 6 as part of Cigar Association of America et al. v. United States Food and Drug Administration et al., the brief marks a shift from the working definition previously agreed upon by Judge Amit P. Mehta, the Premium Cigar Association (PCA), and Cigar Rights of America (CRA).
Mehta, CRA, and PCA have been satisfied with an eight-point working definition, however earlier this year the CAA said it was opposed. Last week in its brief, the CAA said it “does not agree that the definition suggested by the agency and adopted in the Court’s previous rulings is the proper definition of a premium cigar, or that it was properly adopted. That organization’s proposed definition is reflected in the comments it submitted in response to the Proposed Rule.”
The CAA proposed modifying the definition to a five-point standard: that is wrapped in whole tobacco leaf; contains a 100% leaf tobacco binder; made by manually combining the wrapper, filler, and binder; has no filter, tip, or non-tobacco mouthpiece, and is capped by hand; and weighs more than six pounds per 1,000 units.
CAA’s proposed five-point standard omits language prohibiting characterizing flavors and allows for machine-assisted production. It also lowers technical requirements for filler content. The FDA, CRA, and PCA must respond to the proposed changes by July 7.