Posted on 08/25/2023 1:03:26 PM PDT by Pontiac
On August 9, 2023, Judge Amit P. Mehta of the U.S. District Court of the District of Columbia issued a final Memorandum Opinion in Cigar Association of America et al. v. United States Food and Drug Administration et al., vacating the decision of the Food and Drug Administration (FDA) to deem premium cigars subject to the agency’s regulatory authority under the Food, Drug, and Cosmetic Act, as amended by the Family Smoking Prevention and Tobacco Control Act (TCA).
The decision concludes a seven-year conflict between the cigar industry and FDA. As previously reported, FDA issued a Final Rule on August 8, 2016, deeming all products meeting the statutory definition of a “tobacco product” to be subject to its regulatory authority, including premium cigars (“Deeming Rule”). In the preceding rulemaking phase, the Cigar Association of America (CAA), the Cigar Rights of America (CRA), and the Premium Cigar Association (PCA) had submitted comments to FDA regarding the usage patterns of premium cigar consumers, asserting that premium cigars did not pose the same type of public health concerns as other tobacco products. Nonetheless, in the Federal Register notice for the Deeming Rule, FDA asserted that no data had been provided to support different usage patterns and public health concerns.
(Excerpt) Read more at natlawreview.com ...
Trump tried to kill this regulation during his term but wasn’t able to put an end to it.
I did try to find an article from a major news source on this triumph for freedom and could not.
For once the Federal courts got it right.
Time for an Arturo Fuente Hemingway Classic!!
trash fire ping
With a bottle of Woodford Reserve Double Oaked.
“I did try to find an article from a major news source on this triumph for freedom and could not.”
Lots of them:
I did try to find an article from a major news source on this triumph for freedom and could not.
“FDA didn’t get to regulate premium cigars out existence”
The FDA couldn’t regulate anything out of existence, only create a black market if there is demand.
Too many beans or lactose intolerance?
Cut and light an Oliva Serie V Melanio in celebration.
Post some links
Post the articles.
I didn’t find any on FR search.
just another example of a bureaucracy overstepping its authority and of Congress abdicating its responsibility.
Smoke ‘em if ya got ‘em.
Yes. Don’t forget the bourbon!!
“FDA issued a Final Rule on August 8, 2016, deeming all products meeting the statutory definition of a “tobacco product”
Deem this you filthy bastards.
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Oh yeah - they’ll regulate the daylights out of tobacco - but I have to smell dank weed everywhere now because it’s “healthy” for you.
Same dipsh!ts that approved Oxy thought premium cigars were addictive. The FDA is a bullsh!t, completely captured, regulatory body, with a mission they don’t take very seriously at all.
We need the FDA, and they are a mess.
Having said all that, it’s time to toast the foot of a Monte Number 2 and blow smoke in their smug faces.
I humbly request being added to this esteemed ping list!
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