The Cigar Rights of America reported that the United States Department of Justice (DOJ) filed its initial brief on behalf of the United States Food & Drug Administration (FDA) in the U.S. Court of Appeals for the District of Columbia in Cigar Association of America (CAA), Cigar Rights of America (CRA), and Premium Cigar Association (PCA) v FDA.
According to the initial brief, the rulings under review are the following orders of the United States District Court for the District of Columbia (Mehta, J.) in case number 16-1460:
- the July 5, 2022, opinion and order granting in part and denying in part the parties’ cross-motions
for summary judgment (available at 2022 WL 2438512) - the August 9, 2023, opinion denying the government’s request for remand without vacatur (available at 2023 WL 5094869)
- the August 9, 2023, order vacating FDA’s final deeming rule insofar as it applies to premium cigars
(unpublished)
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. On September 29, 2023, the DOJ filed its notice of appeal challenging Judge Mehta’s decision.
Today’s filing represents the next step in the appeals process. The filing aims to provide a detailed enumeration of the substantive grounds upon which the DOJ is basing its appeal of Judge Mehta’s decision.
The FDA notes in the brief:
“The fact that some premium cigar smokers might smoke such products infrequently or report that they do not inhale does not negate the adverse health effects of tobacco smoke or demonstrate that cigars do not cause secondhand smoke-related disease in others.”
They DOJ also notes in the brief:
FDA’s reliance on considerations of youth premium-cigar use was likewise reasonable. The agency explained at length its conclusion that “youth and young adults are using premium cigars,” 81 Fed. Reg. at 29,023, as well as its concern that an exemption for premium cigars would “lead more youth and young adults to initiate use of premium cigars,” id. at 29,021.
The CRA and legal counsel are currently engaged in a thorough review of the DOJ’s filing. The CRA plans to deliver a comprehensive and detailed update on this crucial development in the coming days.