The lawsuit also argues that the warning label messaging is not based on fact and are misleading, citing the FDA’s own acknowledgment that further studying and research needed to be done and that they were reevaluating its regulation of premium cigars with the issuing of a new advanced notice of proposed rulemaking (ANPRM).
The Texas businesses are hoping to keep their lawsuit separate from that of the trade associations, despite being members of the IPCPR. For now, the Texas businesses are asking the court to delay the FDA’s warning plan requirements until the FDA finalizes its reevaluation of premium cigars. As of now, the warning label requirements will go into effect Aug. 10, 2018.
