Deeming Lawsuit

If you were curious about the costs of FDA regulation on premium cigars, we now have an idea of one piece of the regulations. The government remains opposed to any refunds of user fees.

The eight-year-old lawsuit between three cigar trade groups and the FDA had its latest court room battle. In the hour-long hearing, the questions seemed to favor the cigar position that the FDA regulations should not apply to “premium cigars.”

Today, July 15, is the eight year anniversary of the filing of the lawsuit. Its next chapter will take place in a D.C. court room in September. Update: We now know the judges assigned to the case.

Today’s landmark ruling will almost certainly limit the FDA’s ability to regulate tobacco products, including cigars. Chevron has been repeatedly mentioned in the premium cigar industry’s nearly eight-year-old lawsuit against FDA regulation.

Next up: oral arguments.

The legal battle over premium cigar regulations continues.

It’s only a two-week delay.

Attorneys representing the cigar industry have asked the court to let them have until April 1, 2024 to respond to the government’s appeal. The government is opposed, allegedly interested in having oral arguments heard on the appeal in May.

Today, the attorneys representing the U.S. Food & Drug Administration (FDA) submitted a brief in their appeal of the decision in Cigar Association of America…

The Department of Justice will have to file its brief by Jan. 16, 2024.

Not. So. Fast.