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AGREEMENT REACHED ON SUSPENSION OF FDA REGULATIONS

“Deeming Rule” Compliance Deadlines Postponed Pending Further FDA Regulations Review

In the context of the litigation that tobacco advocacy groups such as the Cigar Association of America (CAA), Cigar Rights of America (CRA), and the International Premium Cigar and Pipe Retailers Association (IPCPR) have been pursuing in federal court against the FDA’s May 10, 2016 rule deeming cigars and pipe tobacco to be subject to FDA regulation, the U.S. Department of Justice advised the U.S. District Court for the District of Columbia that the FDA will extend and defer enforcement of all future compliance deadlines under the Rule for three months.

The DOJ reportedly told the court that new leadership at the U.S. Department of Health and Human Services want additional time to more fully consider the issues raised in the Rule, thereby extending the June 30, 2017 deadline for submission of product listings to September 30, 2017.

IPCPR CEO, Mark Pursell, stated, “This is good news for our retail and manufacturing community, given the nature of the rules the industry is facing…This gives everyone, the industry and the administration alike, time to revisit the regulation [and] determine the best path forward.”

The associations will collaborate on conveying additional information to the industry as it becomes available. A notice is expected to be published in the coming days further memorializing FDA’s extension of compliance deadlines under the Rule.