Cigar Groups Seek Rehearing on Suit Battling FDA’s Tobacco Rule

The Premium Cigar Association and Cigar Rights of America are asking a federal appeals court to rehear a case on whether the FDA lawfully determined premium cigars are under the agency’s authority.

The request filed Monday in a petition for rehearing asks a three-judge panel in the US Court of Appeals for the District of Columbia Circuit to adjust an opinion that would eliminate remand proceedings to explore the definition of premium cigars.

The appeals court in January ruled the Food and Drug Administration didn’t have the power to regulate premium cigars as it does over other tobacco products such ...