Deeming Regulations Litigation Update–New Challenge Filed on Behalf of Premium Cigar Plaintiffs

From: Tobacco Law Blog


Another challenge from the cigar industry has been filed against the FDA’s Deeming Regulations. Among the plaintiffs are a premium cigar retailer/lounge, a premium cigar manufacturer, and a non-profit association comprised of premium cigar manufacturers and retailers. The case is En Fuego Tobacco Shop LLC, et al. v. U.S. Food & Drug Administration, et al., No. 4:18-cv-00028 (E.D. Tex.).

According to the plaintiffs, “[t]he FDA’s new cigar and pipe tobacco warnings regime violates the First Amendment, the Administrative Procedure Act . . . , and the Family Smoking Prevention and Tobacco Control Act . . . . The underlying regulations must be enjoined, vacated in full, and remanded to the agency.”

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