FDA-Required Warning Labels for Cigars Struck Down by U.S. Court of Appeals

A unanimous panel of the United States Court of Appeals for the District of Columbia Circuit has struck down part of the U.S. Food and Drug Administration’s Deeming Rule that relates to warning label for cigars.

According to the court, the FDA did not do the necessary work to show that large cigar warning labels would be effective in reducing smoking rates. This comes after a Feb. 3, 2020 by U.S. Federal District Court Judge Amit Mehta that overturned the FDA warning label that required six new warning statements be included on premium cigar packaging, boxes and advertisements [read more here]. In that ruling it was determined that the FDA requiring warning labels for premium cigar products would be “arbitrary and capricious in violation of the Administrative Procedures Act (APA), insofar as the agency failed to provide a reasoned explanation for this action.”

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