FDA Seeks to Move Texas Cigar Lawsuit to D.C., Eyes Combining Cases

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The FDA does not want to fight about cigar regulation in a Texas court.

Last week, attorneys for the U.S. Food & Drug Administration (FDA) informed the parties involved the lawsuit brought on by three cigar trade groups that it was seeking to move another cigar-related lawsuit to the same Washington D.C. court.

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In a motion, FDA argues that En Fuego Tobacco Shop, LLC—one of the plaintiffs in the Texas case—is a member of the International Premium Cigar and Pipe Retailers Association (IPCPR), one of the plaintiffs in the Washington D.C. case. Additionally, FDA argues that the same attorneys are representing the organizations in both cases and the arguments used are the same.

While the complaint filed in Texas is similar, it includes fewer arguments than the case filed in Washington D.C.

Both lawsuits are suing FDA over its deeming regulations, arguing that various parts such as warning label requirements are illegal.

In January, En Fuego, a Dallas-area retailer; El Cubano Cigars, a League City-based manufacturer and retailer; and the Texas Cigar Merchants Association (TXCMA) filed a lawsuit in the U.S. Federal Court for the Eastern District of Texas.

The court, located in the small town of Sherman, is known for handling patent cases and oftentimes being friendlier towards plaintiffs.

FDA’s motion argues it wants the case moved to the U.S. District Court for the District of Columbia—where the joint Cigar Association of America, Cigar Rights of America and IPCPR lawsuit is being held—and for the court decide whether the cases should be consolidated.

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Charlie Minato
About the author

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 handle the editing of our written content, the majority of the technical aspects of the site and work with the rest of our staff on content management, business development and more. I’ve lived in most corners of the country and now entering my second stint in Dallas, Texas. I enjoy boxing, headphones, the Le Mans 24-hour, wearing sweatshirts year-round and gyros. echte liebe.

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