WASHINGTON, DC (April 16, 2024) – Yesterday, Cigar Rights of America (CRA) and the Premium Cigar Association (PCA), filed the industry’s reply brief in response to the United States Food & Drug Administration’s (FDA) appeal in Cigar Association of America, Cigar Rights of America, and Premium Cigar Association v FDA. 

On August 9, 2023, Judge Amit Mehta issued a ruling in the CRA-led lawsuit CAA et al. v FDA, striking down all FDA regulations on premium cigars. Judge Mehta’s decision to vacate the FDA’s regulatory authority resulted from his prior holding that the FDA had acted in an arbitrary and capricious manner when it failed to adequately address scientific data that CRA had provided during the initial comment period. On January 31, 2024, the FDA filed its initial brief in the case, providing a detailed enumeration of the substantive grounds upon which FDA is basing its appeal of Judge Mehta’s decision.

Yesterday’s filing represents the next step in the appeals process and the opportunity for CRA and PCA to respond to FDA’s initial brief.

On May 6, 2024, FDA will file their response brief to yesterday’s filing. We will send updates as we have more information and insights to provide regarding their response. We remain confident that the facts of this case are on our side and that we will prevail on appeal.