US District Court Judge Ahmet Mehta today ruled against FDA and vacated the requirement for health warnings on premium cigar packages and advertisements.  The court concluded that FDA failed to provide a “reasoned explanation” for requiring such warnings on premium cigars and that, based on “usage patterns and user demographics,” the FDA health warnings were not justified.  As a result, the court vacated the health warnings provision, as to premium cigars.

The decision was in a case filed in Texas by Texas manufacturers and retailers, and transferred to Washington DC, where it was consolidated with the industry action pending there.  Judge Mehta, who has had that case since it was filed in July 2016, previously upheld the health warning requirements as to all cigars, and the appeal of that decision is still pending in the DC Circuit Court.  Notably, while the health warnings requirement has been vacated as to premium cigars, there is still no FDA definition for “premium” cigar.  Accordingly, that definition remains unclear.

CAA will continue to advocate for the interests of the entire cigar industry.