The mounting legal opposition to the FDA’s deeming ruling that’s impacting the tobacco industry continues to grow, this time by the non-profit Cause of Action Institute. For those unfamiliar with Cause of Action Institute, it’s a “501(c)(3) public interest law firm that represents pro bono clients in government investigations and litigation in regulatory, constitutional, political and public law matters focused on ensuring the federal regulatory process is open, honest and fair.”
Similar to the amicus curiae (friend of the court) brief tiled this week by four states against the FDA [read more here], Cause of Action Institute is arguing that the U.S. Food and Drug Administration (FDA) has failed to properly study the U.S. premium cigar industry and marketplace, leading to misleading and incorrect decisions being made. Also, it argues that the FDA has not conducted a cost-benefit analysis, which “threatens to destroy a $20 billion industry and put at least 20,000 Americans out of work.”
Currently, a hearing on the joint lawsuit filed by Cigar Association of America, the International Premium Cigar & Pipe Retailer association (IPCPR), and Cigar Association of America (CAA) is scheduled for July 28, 2017. Read more about the lawsuit here.
You can read the amicus curiae filed by the Cause of Action Institute in full below.