The Burn Down Podcast

Cigar Legal Battle Continues: Industry Responds to FDA Appeal | Episode 248


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The premium cigar industry has finally filed its opposition brief after facing multiple delays. The brief contests the government's appeal in the nearly eight-year-old legal battle over FDA regulation of premium cigars (Cigar Association of America et al. v. FDA et al.).

In a major win for cigar enthusiasts last August, Judge Mehta ruled in favor of three cigar industry groups suing the FDA.  Judge Mehta found the FDA didn't adequately consider public comments before creating regulations for "premium cigars"—high-quality, handcrafted cigars without added flavors. As a result, these premium cigars were exempt from FDA oversight, including testing requirements, fees, and restrictions on promotions and donations.

 

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