Tag: Mehta

  • Judge Issues Final Ruling on Decade-Long ‘Premium Cigar’ Definition

    Judge Issues Final Ruling on Decade-Long ‘Premium Cigar’ Definition

    A U.S. federal court in Washington, D.C., issued what is said was “hopefully” a final ruling, vacating the FDA’s 2016 Deeming Rule as it applies to premium cigars, marking the conclusion of a decade-long legal battle over the agency’s authority. Judge Amit P. Mehta reaffirmed that premium cigars — defined by criteria such as being handmade, composed of natural tobacco, and free from characterizing flavors — should be treated as a distinct category and excluded from the broader regulatory framework applied to other tobacco products. The decision follows earlier rulings in 2023 and subsequent appellate review, which required the court to revisit and finalize the definition of “premium cigars.”

    The court ultimately upheld its original eight-point definition, rejecting industry proposals to loosen certain requirements and agreeing with the FDA that any refinements should be addressed through formal rulemaking rather than judicial changes. The ruling provides regulatory clarity and removes premium cigars from key FDA oversight requirements, while leaving open the possibility of future changes through the agency’s policymaking process.

    Industry groups welcomed the outcome as a major victory. The Cigar Rights of America (CRA) said the ruling confirms long-standing arguments that premium cigars differ fundamentally from mass-market tobacco products, with Executive Director Mike Copperman calling it “long-overdue clarity” after years of advocacy. Similarly, the Premium Cigar Association (PCA) said the decision brings needed certainty for manufacturers, retailers, and consumers, with CEO Joshua Habursky emphasizing that the outcome recognizes premium cigars as a distinct category warranting separate regulatory treatment.

    The Cigar Association of America (CAA), which previously opposed parts of the ruling not because it disagreed with the exemption itself but because it sought a broader and more flexible definition of what qualifies as a “premium cigar,” did not return a request for comment.

  • CAA Seeks New Definition of “Premium Cigar”

    CAA Seeks New Definition of “Premium Cigar”

    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.