Cigar Warning-Label Requirement Thrown Out by D.C. Circuit

July 7, 2020, 6:12 PM UTC

A rule requiring extensive health warnings on cigar and pipe tobacco packaging and advertisements isn’t valid because the U.S. Food and Drug Administration skipped a necessary step, the District of Columbia Circuit ruled Tuesday.

The appeals court didn’t reach constitutional arguments by the Cigar Association of America and other groups in reversing the trial court.

At issue is a rule “deeming” certain products to be “tobacco products” subject to the FDA’s authority. The same trial court this year overturned the deeming rule as it applied to premium cigars.

When the FDA imposes warning requirements for tobacco products, the Federal Food, ...

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