Global Premium Cigars’ Lawsuit Against FDA Gets Stayed

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The lawsuit brought against the U.S. Food & Drug Administration (FDA) by Global Premium Cigars, LLC, makers of the 1502 brand, has been stayed, bringing a halt to proceedings in the matter without formally closing the case.

The announcement was made via Facebook by Frank Herrera of H New Media, the attorney for Global Premium Cigars.

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According to Herrera’s post, the stay of the case was brought about by a joint motion filed by the U.S. Dept. of Justice (DOJ) due to the FDA’s recent announcement that the deadline for cigar makers to file their products for substantial equivalence was being extended by three years.

“H New Media feels that this extension provides relief for issues that were raised in their June 1, 2016 filing challenging the FDA’s May 10, 2016 Deeming Regulation,” Herrera said in his post.

Global Premium Cigars, LLC brought the lawsuit in June 2016, asking the court to strike down the Deeming Rule as well as rule that the Feb. 15 2007 grandfather date is unlawful and should be changed to Aug. 8, 2016. The lawsuit also sought a preliminary injunction from the Deeming Rule, a move that had it been granted could have temporarily prevented FDA from enacting regulations.

While the stay brings an end to active litigation, either party may choose to reopen the case should they feel that further developments in the FDA’s regulation of premium cigars warrants doing so.

Enrique Sánchez of Global Premium Cigars, LLC was not immediately available for comment regarding this development.

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Patrick Lagreid
About the author

I strive to capture the essence of a cigar and the people behind them in my work – every cigar you light up is the culmination of the work of countless people and often represents generations of struggle and stories. For me, it’s about so much more than the cigar – it’s about the story behind it, the experience of enjoying the work of artisans and the way that a good cigar can bring people together. In addition to my work with halfwheel, I’m the public address announcer for the Colorado Rockies and Arizona Diamondbacks during spring training, as well as for the Salt River Rafters of the Arizona Fall League, the WNBA's Phoenix Mercury and the Arizona Rattlers of the Indoor Football League. I also work in a number of roles for MLB.com, plus I'm a voice over artist. I previously covered the Phoenix and national cigar scene for Examiner.com, and was an editor for Cigar Snob magazine.

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