Browsing Category

Law

fda

FDA Files Appeal In Premium Cigar Lawsuit

In a recent development, the U.S. Food and Drug Administration (FDA) has filed an appeal against Judge Amit Mehta’s decision to deem the regulation of premium cigars as arbitrary and capricious, leading to its vacating. The appeal is set to be heard by the United States Court of Appeals for the D.C. Circuit in Washington, D.C. Back in 2022, Judge Mehta conducted a comprehensive analysis, highlighting the FDA’s failure to address evidence indicating distinct usage […]

Continue Reading

fda

PCA Addresses FDA’s Proposed Rule on Cigar Flavors

The Premium Cigar Association (PCA) recently testified before the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) as part of the ongoing review of the U.S. Food and Drug Administration’s (FDA) draft Final Rule titled “Tobacco Product Standard for Characterizing Flavors in Cigars.” The OIRA plays a crucial role in evaluating the economic and social impact of new regulations while ensuring alignment with the Federal Government’s policy objectives. Key […]

Continue Reading

fda

Premium Cigars Win The Big One – FDA Regulations Vacated

The premium cigar industry celebrates a groundbreaking victory as the United States District Court for the District of Columbia issued a landmark ruling in the case of Cigar Association of America et al, v. U.S. Food and Drug Administration et al. The court’s decision to fully vacate the FDA’s deeming rule for premium cigars marks a pivotal moment in the industry’s longstanding struggle against what has been deemed arbitrary and capricious regulation. For over a […]

Continue Reading

PCA Call To Action – Say No To New Tax Proposal on Cigars!

The House Ways & Means Democratic staff has begun circulating a list of priorities and revenue raisers for the “Human Infrastructure” bill that will be voted on in coming weeks through the reconciliation process that only requires a simple majority (51 votes) in the Senate. This is the first step in this process and unfortunately the committee’s priorities include a $96 billion tobacco tax increase that would likely include both premium cigars and pipe tobacco […]

Continue Reading

Massive Tobacco Tax Proposal Would Raise Cigar Tax Up To 1000%

This morning the PCA (Premium Cigar Association) sent out the following alert… Senator Durbin (D-IL) has reintroduced a massive tobacco tax increase as part of a bill that is otherwise intended to address maternal mortality. Buried within S. 411, the Mothers and Offspring Mortality and Morbidity Awareness Act (MOMMA’s Act), are changes to the tax code that would treat the entire tobacco industry as cigarettes. The result is an estimated 500—1000% increase on the tax […]

Continue Reading

California Flavored Ban Bill Looks to Set Premium Cigars as Costing $12 Wholesale

While the cigar industry scored a majored victory on a Federal level in the delay of the substantial equivalence, perhaps a bigger win was the removal of a price in the definition of a premium cigar. However, the state of California which is looking to ban flavored cigars released an amendment to bill SB 793. In the bill is language that defines a premium cigar in part by, ““Premium cigar” means any cigar that is […]

Continue Reading

Judge Mehta Issues Ruling To Delay FDA Final Deeming Rule

Judge Mehta of US District Court of Washington has issued a ruling that provides a temporary win for the cigar industry. In his 38 page ruling, Judge Mehta ruled, “The court therefore remands the Final Deeming Rule to the FDA to consider developing a streamlined substantial equivalence process for premium cigars. The court further enjoins the FDA from enforcing the premarket review requirements against premium cigars, as those products are defined in the August 2020 […]

Continue Reading

PCA & CRA Issue Joint Press Release on 2020 Election

The following press release comes from Joshua Habursky, Director Director of Federal Affairs, Premium Cigar Association & J. Glynn Loope, Executive Director, Cigar Rights of America. Every election matters. Every two and four years, we seem to hear that a lot. But this time, it’s really serious, especially if you enjoy, sell or make premium cigars. The premium cigar industry has come too far, made such progress, and has a feeling of momentum in the campaign against […]

Continue Reading

U.S Court of Appeals for the District of Columbia Strikes Down Warning Labels For All Cigars

The Premium Cigar Association (PCA) and Cigar Rights of America (CRA) are pleased that a unanimous panel of the United States Court of Appeals for the District of Columbia Circuit found flaws in the FDA’s Deeming Rule regulating cigars and held that the Food & Drug Administration (FDA) did not do necessary work to show an effect of large cigar warning labels on reducing smoking rates. Judge Gregory G. Katsas notes in the opinion, “The […]

Continue Reading

Office of Management and Budget Against HR 2339 – Bill That Would Ban Online Cigar Sales

Yesterday the House of Representatives passed a resolution that cleared the way for a vote on HR 2339 that is expected to happen today February 28th, 2020. The vote is expected to pass the legislation on to the Senate, however the Office of Management and Budget released a statement against the bill. The letter states, The Administration opposes H.R. 2339. The Administration is encouraged by legislative efforts to protect American youth from the harms of […]

Continue Reading