FDA Move to Regulate Premium Cigars Under Tobacco Law Tossed

A federal judge has vacated the Food and Drug Administration’s decision to include premium cigars in a rule regulating various tobacco products after a lengthy legal fight between cigar industry groups and the agency.

Judge Amit P. Mehta of the US District Court for the District of Columbia said on Wednesday that the case didn’t have “exceptional” circumstances to warrant a remand without vacatur following his July 2022 ruling that the agency improperly overlooked industry arguments. The judge apologized for the court’s delay in deciding whether to vacate the rule in a footnote.

• The agency argued that it could quickly ...