FDA Responds to Cigar Groups Motion for Summary Judgment

The U.S. Food & Drug Administration (FDA) has responded to a motion for summary judgment in the lawsuit brought on by three cigar trade groups against FDA’s regulation of cigars and pipes.

As expected, attorneys for the government argue the cigar trade groups interpretation of the law and prior court cases are wrong.

The Cigar Association of America (CAA), Cigar Rights of America (CRA) and the International Premium Cigar & Pipe Retailers Association (IPCPR) requested summary judgment and an injunction in October.

In the request, the groups argued around four central ideas:

1. The warning labels and warning plans are unconstitutional
2. User fees violate the equal protection clause because e-cigarettes are not subject to them
3. Retailers who blend pipe tobacco are unfairly burdened
4. Pipes should not be considered a “component”

FDA’s response deals with each of those points, oftentimes articulating points the agency made in earlier documents, including some when it announced the regulations last year.

Oral arguments on the matter will begin next Thursday in Washington D.C.

A victory for the cigar trade groups could potentially mean the suspending of some parts of the rule or a delay in the implementation of parts of the regulations.

Charlie Minato

I am an editor and co-founder of halfwheel.com/Rueda Media, LLC. I previously co-founded and published TheCigarFeed, one of the two predecessors of halfwheel. I have written about the cigar industry for more than a decade, covering everything from product launches to regulation to M&A. In addition, I handle a lot of the behind-the-scenes stuff here at halfwheel. I enjoy playing tennis, watching boxing, falling asleep to the Le Mans 24, wearing sweatshirts year-round and eating gyros. echte liebe.