Six health groups have filed a motion to intervene in the cigar industry’s lawsuit against the U.S. Food & Drug Administration (FDA) and its deeming regulations.
It’s the latest in the ongoing lawsuit filed by the the Cigar Association of America (CAA), Cigar Rights of America (CRA) and the International Premium Cigar & Pipes Retailers Association (IPCPR).
The motion includes the following parties:
- American Academy of Pediatrics
- American Cancer Society Cancer Action Network
- American Heart Association
- American Lung Association
- Campaign for Tobacco-Free Kids
- Truth Initiative
In the motion to intervene, the parties have asked the court to name them as defendants in the lawsuit, arguing that the government is not defending the deeming regulations thoroughly. The motion cites recent delays, requested by the government as the new Trump administration reviews the regulations.
“In recent months, however, it has become apparent that Defendants (the government) may not adequately defend the Deeming Rule and may seek to weaken or rescind it,” argues the motion.
Those delays, most recently announced in early May, were requested by the government. Because of an agreement reached as part of a prior delay, FDA agreed to push back all future regulations on an equal basis for any requested delays in the lawsuit. FDA requested for a three-month delay in the lawsuit, resulting in a three month delay of future regulatory dates.
If granted, the groups would be named as defendants in the lawsuit, something that has happened in tobacco-related lawsuits before. Granting the motion would not simply remove the government as a defendant, rather, the health groups would be added to the lawsuit as co-defedants as Public Health Intervenors.
The motion notes the cigar trade groups have already opposed the motion, while the government reserves the right to oppose.
In addition to the cigar lawsuit, the health groups also filed a lawsuit in the Cyclops Vapor 2, LLC v. FDA case, another lawsuit against the deeming regulations brought on by a vapor company.