While the industry waits to see what direction CAA, CRA and IPCPR will take with the FDA Regulations slated to take effect on August 8th, a Premium Cigar company has filed a lawsuit against the FDA.
The lawsuit filed by Frank Herrera on behalf of Enrique Fernando Sanchez Icaza and Global Premium Cigars, LLC makers of the brand 1502, is suing based on the 1st and 5th Amendment.
The main points of contention surround the predicate date and warning labels that will be required on cigar boxes. Global Premium Cigars believes that the predicate date is a violation of substantive due process under the Fifth Amendment.
Also being claimed is infringement of the First Amendment due to the size of the warning labels and their arbitrary nature that is not based on any science. As a result, it infringes on free-speech because of the expressive nature of cigar boxes and takes away trademark rights and copyright.
Additionally, the company also believes that the FDA Regulations violate the Small Business Act.
The lawsuit is also supported by Jim Robinson of Leaf by Oscar Cigars and Luis Falto of Falto Cigars.
The lawsuit can be viewed below below…