On June 1st 2016, Global Premium Cigars (GPC) filed a lawsuit against the FDA for the unlawful deeming regulation’s effect on small businesses.
Enrique Sánchez I., CEO & Founder of GPC, says: “When I joined this beautiful industry, I promised myself that I would do what ever was necessary to make the cigar industry better, and leave a legacy for my kids to carry on in life. Today, that dream is in jeopardy due to the FDA’s deeming regulations, and I feel I have the obligation to protect our industry, lifestyle, consumers, clients, friends, and our family from these terrible threats. It’s time for action! Talking belongs in the past…”
While the industry waits to see what direction CAA, CRA and IPCPR will take with the FDA Regulations slated to take effect on August 8th, Global Premium Cigars has filed a lawsuit against the FDA. The lawsuit filed by Frank Herrera on behalf of Enrique Fernando Sanchez Icaza and Global Premium Cigars, LLC makers of the brand 1502, is suing based on the 1st and 5th Amendment.
The main points of contention surround the predicate date and warning labels that will be required on cigar boxes. Global Premium Cigars believes that the predicate date is a violation of substantive due process under the Fifth Amendment. Also being claimed is infringement of the First Amendment due to the size of the warning labels and their arbitrary nature that is not based on any science. As a result, it infringes on free-speech because of the expressive nature of cigar boxes and takes away trademark rights and copyright. Additionally, the company also believes that the FDA Regulations violate the Small Business Act.
Enrique Fernando Sánchez Icaza: “We already have people like Leaf by Oscar and Luis Falto of Falto Cigars that have also taken the initiative to fight with us, and I hope that our path will be followed by many more friends that really love this industry, and are willing to fight with us, and for our future.”