CRA Files Reply Brief In U.S. Court of Appeals

On Monday, April 15th, Cigar Rights of America (CRA), filed the industry’s reply brief in response to the United States Food & Drug Administration’s (FDA) appeal in Cigar Association of America, Cigar Rights of America, and Premium Cigar Association v FDA. 

On August 9, 2023, Judge Amit Mehta issued a ruling in the CRA-led lawsuit CAA et al. v FDA, striking down all FDA regulations on premium cigars. Judge Mehta’s decision to vacate FDA’s regulatory authority resulted from his prior holding that FDA had acted in an arbitrary and capricious manner when it failed to adequately address scientific data that CRA had provided during the initial comment period. Shortly thereafter in September, FDA announced that they would appeal Judge Mehta’s decision. On January 31, 2024, FDA filed its initial brief in the case, providing a detailed enumeration of the substantive grounds upon which FDA is basing its appeal of Judge Mehta’s decision.

CRA’s filing represents the next step in the appeals process and the opportunity for CRA to respond to FDA’s initial brief.

On May 6, 2024, FDA will file their response brief to CRA’s filing.

As the appeal process continues on, we remain confident that the facts of this case are on our side and that CRA and the premium cigar industry will prevail on appeal.

To read more about the case, click here to read Halfwheel’s article on the filing.