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Government Watchdog Group Files Amicus Brief on Behalf of Premium Cigar Industry
February 22nd, 2017Premium Cigar Industry News
“Common sense appears to be dead at the FDA,” says Patrick Massari, assistant vice president at Cause of Action Institute. The CoA has filed a brief of amicus curiae cause in support of a motion for summary judgment, requested last week by lawyers representing the premium cigar industry.
The group notes that “the FDA ignored tens of thousands of comments from the premium cigar industry, Congress, local government, media, and the citizens of the United States, particularly those affected in ways large and small by FDA’s power grab.” CoA’s filing shows that the FDA is attacking small cigar-related businesses and driving them out of business by enacting their Deeming Rule – which will eliminate consumer choice, and force these companies to sell out to larger corporations, who will dominate the marketplace as monopolies. “Under this new rule,” says Massari,”the tradition of premium, hand-rolled cigars handed down by generations will turn into a corporate profit mill.”
The Cause of Action Institute argues that FDA has not only failed to conduct a true cost-benefit analysis on the losses caused by the Rule that went into effect August 8, 2016 – but that the Agency has flaunted executive orders under former Presidents Clinton and Obama by writing the regulations.
1993 Clinton executive order — “This necessary cost-benefit analysis can be ignored no longer,” the brief said. “Amicus CoA Institute respectfully requests this court to strike down the current rule, and remand the agency for further proceedings.”