Today, the Biden Administration’s Department of Justice filed a notice of appeal on behalf of the United States Food & Drug Administration in the U.S. Court of Appeals for the District of Columbia in Cigar Association of America, Cigar Rights of America, and Premium Cigar Association v FDA.
Earlier this summer Judge Amit Mehta issued a ruling in the lawsuit vs FDA striking down all FDA regulations on premium cigars. Judge Mehta’s decision to vacate the FDA’s regulatory authority resulted from his prior holding that the FDA had acted in an arbitrary and capricious manner, when it failed to adequately address scientific data that CRA had provided during the initial comment period.
UPDATE: 1:36PM MDT The Premium Cigar Association released the following statement in regard to the DOJ’s decision to appeal the August 9th ruling.
The U.S. Food and Drug Administration (FDA) filed a notice of appeal of Judge Amit P. Mehta’s decision to vacate the deeming rule in the case of Cigar Association of America et al v. United States Food and Drug Administration et al (Case No. 1:16-cv-01460-APM)
“We believe that Judge Mehta correctly recognized that the FDA’s decision to regulate premium cigars was arbitrary and overturned. We will defend the Court’s reasoning on appeal. The Premium Cigar Association remains committed to advocating for the rights of its members and ensuring that the unique characteristics of premium cigars are recognized and protected.” Says Scott Pearce PCA Executive Director.
The PCA remains steadfast in its commitment to defending the interests of its members and the broader premium cigar community. The association will continue to monitor, inform, and engage its members and stakeholders on important developments related to legislative, regulatory, and litigation matters.
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