FDA Rule Regulating Premium Cigars Swept Aside by Appeals Court

The FDA’s decision that it has the same authority over premium cigars as it does over other tobacco products such as regular cigars, e-cigarettes, and hookahs was rejected by a federal appeals court.

Hand-rolled premium cigars shouldn’t be under the Food and Drug Administration’s regulation, according to an opinion filed Friday from the US Court of Appeals for the District of Columbia Circuit.

“The FDA’s rationale was factually incorrect,” Judge A. Raymond Randolph wrote for the court. “We have held that ‘agency action is arbitrary and capricious if it rests upon a factual premise that is unsupported by substantial evidence.’” ...