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CAA President Discusses Court Victory & FDA’s Cigar Ban Proposal

WASHINGTON, D.C. – In a recent interview with Leland Vittert of NewsNation’s “On Balance” program, Cigar Association of America (CAA) President, David M. Ozgo, addressed the recent U.S. District Court decision in favor of the cigar industry and the proposed ban on flavored cigars by the U.S. Food and Drug Administration (FDA).

This interview comes in the wake of a landmark ruling by Judge Amit P. Mehta of the U.S. District Court in DC, who sided with the CAA, vacating FDA’s regulation of premium cigars.

When asked why the FDA is seeking to ban flavored cigars, Ozgo explained, “The rationale in this case is that somehow they are going to reduce youth smoking rates. Now, I want to make this clear. Obviously, the industry is against youth smoking. However, when you look at the data, it really just doesn’t support the case.”

Ozgo further highlighted the FDA’s obligation to make science-based regulatory decisions. He pointed out that the recent court ruling found the FDA had not met this requirement with regard to premium cigars. Ozgo also expressed skepticism about the FDA’s ability to justify the proposed flavored cigar ban on scientific grounds.

“The proposed ban on flavored cigars is not a solution. When you look at the data, the usage rates among the youth are at an all-time low,” said Ozgo.

The recent ruling by Judge Amit P. Mehta of the U.S. District Court in DC has been heralded as a significant triumph for the Cigar Association of America (CAA) and the broader cigar industry. In the case of Cigar Association of America, et al v. U.S. Food and Drug Administration et al, Judge Mehta concluded that the FDA had disregarded relevant data and “inexplicably” made a “no data” finding regarding the regulation of premium cigars.

The  decision was based on the fact that the FDA had overlooked a comment from a government funded study presented by the CAA, which indicated that cigar smokers do not have higher “all-cause” mortality rates than non-smokers. This led to the court’s decision to vacate the regulations on premium cigars, effectively requiring the FDA to restart the rulemaking process.

CAA president David Ozgo had previously lauded the decision, stating, “This is a big victory for cigar enthusiasts across America. The evidence clearly showed the public would receive little benefit resulting from FDA regulation of premium cigars. Moreover, the regulation would add burdensome costs to all premium cigar manufacturers which cannot be justified.” The lawsuit was initially filed in July 2016 in response to the FDA “deeming” cigars subject to regulation under the Family Smoking Prevention and Tobacco Control Act.

As a result of this landmark ruling, if the FDA wishes to regulate premium cigars in the future, it will have to begin anew with the regulatory process.

The CAA continues to advocate for reasonable and evidence-based regulation of the cigar industry. This interview underscores the association’s commitment to protecting the interests of its members and cigar enthusiasts nationwide.

CAA President, David M. Ozgo, Speaks Out on Favorable Court Ruling and FDA’s Flavored Cigar Ban Proposal[/vc_column_text][vc_video link=”https://youtu.be/zKsOAWNL_aA?si=NmV5zUPVRK1DTWOp”][/vc_column][/vc_row]

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