CRA Scores Major Victory Against FDA Regulation of Premium Cigars  in Landmark Decision

Washington, D.C. (January 24, 2025) – Today, the United States Court of Appeals for the District of Columbia issued its decision in CAA et al. v. FDA. The decision, published today, resolved the question of whether the FDA’s authority to regulate premium cigars would be reinstated. In a unanimous decision, the Court upheld the earlier removal of the FDA’s regulatory authority. The opinion held that “the final Rule’s deficiencies [were] serious” and struck the FDA’s regulatory authority over premium cigars.

In addition to upholding the lower court’s decision removing FDA’s regulatory authority, the court has remanded the case for further proceedings to establish a clear and appropriate definition of premium cigars while the question of retroactive user fees was not resolved. The Court’s decision did recognize the FDA’s continued ability to re-start the rule-making process which could result in the re-regulation of premium cigars in the future.

Cigar Rights of America is currently reviewing the court’s decision and will provide a comprehensive analysis in the coming days. CRA remains committed to protecting the interests of premium cigar consumers, retailers, and manufacturers while continuing to advocate for a fair and reasonable regulatory framework.

“We are encouraged by the court’s acknowledgment that the FDA’s previous approach to regulating premium cigars was fundamentally flawed, and we are deeply grateful for this favorable ruling. This decision underscores the critical need for a clear and appropriate federal definition of premium cigars to ensure future regulations accurately reflect their unique characteristics.” said Mike Copperman, Executive Director of Cigar Rights of America.

Further updates and insights will be provided as we analyze the implications of the court’s ruling and determine the appropriate next steps for the industry.

For media inquiries, please contact:

Cody Carden
Director of Communications
Cigar Rights of America
cody.carden@cigarrights.org