As expected, the United States Department of Justice (DOJ), filed a notice of appeal on behalf of the United States Food & Drug Administration (FDA), in the U.S. Court of Appeals for the District of Columbia 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 the FDA’s regulatory authority resulted from his prior holding that the 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.
