The United States Court of Appeals for the District of Columbia Circuit upheld the nullification of the Food and Drug Administration’s (FDA) regulatory authority over premium cigars, according to an official document released on Friday, January 24.
In a unanimous decision, the court remanded the case for further proceedings to establish a clear and proper definition of premium cigars. However, the FDA could restart the rulemaking process, potentially leading to a re-regulation of premium cigars in the future.
The organization Cigar Rights of America (CRA) reported that it is reviewing the decision and will soon release a comprehensive analysis aimed at protecting the interests of consumers, retailers, and manufacturers of premium cigars, while continuing to advocate for a fair and reasonable regulatory framework.
“We are encouraged that the Court recognized the FDA’s approach to regulating premium cigars as ‘fundamentally flawed,’ and we are deeply grateful for this favorable ruling. This decision underscores the need for a clear and proper definition of premium cigars at the federal level to ensure that future regulations accurately reflect their unique characteristics,” said Mike Copperman, Executive Director of Cigar Rights of America.
Meanwhile, through his Instagram account, Drew Newman, General Counsel and co-owner of J.C. Newman Cigar Company, expressed that the FDA’s original decision made no sense, as it subjected premium cigars to an extensive set of stringent, burdensome, and costly regulatory requirements—including product testing, manufacturing standards, pre-market reviews, and health warning labels—regulations designed for mass-market products like cigarettes, which would have made it impossible for countless producers to survive.
“It has been an 11-year battle between David and Goliath—between small family businesses handcrafting premium cigars and a massive government bureaucracy. While today’s decision provides enormous relief and deserves celebration, the fight to protect the right to enjoy premium cigars is not over. My father, my uncle, and I wish to express our deepest gratitude to the three plaintiffs in this case: the Cigar Association of America (CAA), Cigar Rights of America (CRA), and the Premium Cigar Association (PCA), for leading this effort,” he added.
