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Cigar Industry motions for summery judgement

Cigar Industry Files Motion for Summary Judgment

February 13th, 2017

Attorneys for the premium cigar industry trade groups (CAA, IPCPR and CRA) have filed a motion for a summary judgment in their joint lawsuit against the FDA.

With their arguments against the FDA Deeming Rule outlined in a 65-page brief, the industry is asserting that the Food & Drug Administration erroneously interpreted the Tobacco Control Act, and imposed fees and burdens on premium cigar makers and retailers that “is contrary to law and exceeds statutory authority.” The motion covers nine counts (Cigar Insider, 2/21/17).

In a press release, Glynn Loope – executive director of the Cigar Rights of America – noted, “The premium cigar industry continues its adamant objection to the Deeming Rule and its defective implementation…This process has resulted in premium, handmade cigars being subjected to requirements that will cause irreparable economic harm to this artisan industry, and the Main Street America small businesses that rely upon it. We trust that the merits of our argument will demonstrate to the court that the Deeming Rule is fundamentally awed and legally deficient.”
Because the Final Deeming Rule threatens the future of the cigar business, the lobbying groups are seeking to have the court annul the FDA’s regulations, including the provisions for pre-market approval, warning label regulations and user fees.