This is temporary relief but a welcomed development for many premium cigar manufacturers, retailers and advocates. The ruling gives the FDA the discretion to specify the amount of time premium cigar manufacturers will have to file SE reports after the agency completes its review. Mehta ends his ruling with, “No later than Aug. 31, 2020, the parties shall submit a Joint Status Report proposing a schedule for further proceeding in this matter, if necessary.
Two of the trade associations who have filed a lawsuit against the FDA challenging the Deeming Rule have already responded to the news. In a press release, the Premium Cigar Association’s (PCA) executive director Scott Pearce stated: “This is another monumental victory for the premium cigar industry. We congratulate our legal team, led by Mike Edney of Steptoe & Johnson, on an important victory that protects the livelihood of PCA members across the country. This comes on the heels of legal victories striking down warning labels for premium cigars. Both our retail members and associate members provided important strategy and guidance in our legal, legislative, and regulatory appeals to define premium cigars and showcase their distinctiveness from the courts to Capitol Hill.”
Glynn Loope, executive director of the Cigar Rights of America (CRA), added: “Judge Mehta’s opinion is a testament to the virtue of the public comments filed over the years with the FDA by our industry alliance, and the failure of the FDA to not only respond, but to recognize the suggestions made to address the fairness of the proposed regulations. The efforts of the advocacy strategies initiated by CRA and PCA served as the foundation for this decision, proving that you always have to carry your message to both ends of Pennsylvania Avenue, and the courthouse that sits in the middle.”
You can review the full ruling by Judge Mehta below:
FDA Ruling 819 by BarryStein on Scribd
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