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.
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.