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.
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.
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.