A district court ruled the FDA did not properly adhere to the requirements of the Administrative Procedures Act by ignoring the evidence supporting a premium cigar exemption from regulation.
This comes on the heels of the U.S. Supreme Court ruling last Thursday stating Congress did not give the Environmental Protection Agency authority to make broad requirements of states in the climate fight.
“Agencies have only those powers given to them by Congress,” Chief Justice John Roberts wrote. “The agency … must point to ‘clear congressional authorization’ for the power it claims.”
The ruling yesterday called the FDA’s move “arbitrary and capricious.” The judge gave the opportunity for both sides to submit additional briefings before he issues his final judgement after July 26.
Credit has to be given to Premium Cigar Association, the Cigar Rights of America and the Cigar Association of America, Inc. for years of research, lobbying and lawsuits.
“Please understand this is and has been an incredibly complex and difficult task to get our Government’s Regulatory Bureaucracy to respond,” cigar manufacturer Steve Saka posted on Facebook. “A tremendous effort has been expended legislatively and legally to get us to this point.
“Without their efforts, I am not even sure if Dunbarton Tobacco & Trust would be in business today,” he added.
In June, the FDA ordered the vaping company Juul to pull its devices and nicotine liquid pods off shelves, determining they had not shown enough evidence that its products do not hurt public health.
“On July 5, 2022, FDA administratively stayed the marketing denial order” the FDA said in a twitter post. “The agency has determined that there are scientific issues unique to the JUUL application that warrant additional review.”
The stay temporarily suspended the marketing denial order during the additional review but did not rescind it. The message added the stay “does not constitute authorization to market, sell, or ship JUUL products.”