Federal Court Finalizes Ruling on Premium Cigars Under Tobacco Control Act
[Washington, D.C.] The Premium Cigar Association (PCA) today recognizes the final decision from the U.S. District Court for the District of Columbia finalizing its prior ruling regarding the regulation of premium cigars under the Tobacco Control Act.
In the order, issued by Judge Amit P. Mehta, the court reaffirmed that the U.S. Food and Drug Administration’s Deeming Rule does not apply to premium cigars as defined by the court. The court adopted the same definition it previously applied in the case.
“After nearly a decade of litigation, this decision provides clarity for retailers, manufacturers, and consumers who have had to operate under significant regulatory uncertainty.” said Joshua Habursky, Chief Executive Officer of the Premium Cigar Association. “Premium cigars clearly represent a distinct product category, and this outcome reflects the importance of considering those differences in any regulatory framework.”
The court’s order follows a remand from the D.C. Circuit directing further consideration of how “premium cigars” should be defined. After reviewing input from all parties, the court declined to modify its existing definition of premium cigars.
The decision preserves the current regulatory framework for premium cigars and provides long-needed clarity for an industry that has operated under uncertainty for years.View Court Opinion
About the Premium Cigar Association
The Premium Cigar Association (PCA) is the leading authority and advocate for the premium cigar and pipe retailer industry. The PCA is dedicated to brick-and-mortar premium tobacconists’ current and future success. Founded in 1933 as the Retail Tobacco Dealers of America (RTDA), the PCA is the largest, most active, longest-running trade association representing specialty tobacco retailers and supporting manufacturers and partners in the industry. For additional information, visit premiumcigars.org.
Media Contact
Joshua Habursky
What’s this mean?
In simple terms, this ruling means:
What the court decided
The federal court has officially confirmed that FDA’s 2016 cigar regulations (“Deeming Rule”) do NOT apply to premium cigars, and that decision is now final unless appealed again.
The FDA had tried to regulate all cigars the same way under tobacco law, but the court previously ruled that applying those rules to premium cigars was improper. This new order locks that in.
What is a “premium cigar” under this ruling?
A cigar must still meet all 8 criteria the court set earlier, including things like:
handmade / hand-rolled wrapped in whole tobacco leaf no filter or plastic tip no characterizing flavors other than tobacco only tobacco, water, vegetable gum, and no additives certain weight and filler requirements
The court refused to loosen these standards.
What the cigar industry wanted
One cigar trade group (CAA) asked the judge to loosen the definition by removing 3 restrictions:
Allow more additives / adhesives Remove long-filler percentage requirement Allow flavored premium cigars
The judge said no.
Reason:
FDA and manufacturers have already been using this 8-part definition for years. Changing it now would create confusion. Scientific questions like flavored cigars should be decided by FDA rulemaking, not judges.
Practical impact for cigar makers and retailers
If your cigars meet the premium cigar definition:
They are exempt from the FDA Deeming Rule requirements that were struck down.
That may mean relief from certain FDA burdens such as:
premarket review requirements tied to the Deeming Rule some registration/compliance obligations tied specifically to deemed products
But:
Cigars that do NOT meet this premium definition remain regulated.
Bottom line
Premium handmade cigars won a major legal victory.
FDA cannot enforce the 2016 deeming regulations against qualifying premium cigars under this ruling.
This is a major win for premium cigar manufacturers, importers, retailers, and consumers.
