Judge Amit P. Mehta issued a ruling that finally resolves Cigar Rights of America’s (CRA) long-fought battle against the U.S. Food & Drug Administration’s (FDA) overregulation with an unprecedented and total win for our industry. The judge has decided that premium cigars will remain outside the scope of FDA regulation at this time and that the exemption will apply only to truly premium products.
Today’s ruling adopts a definition of “premium cigar” first articulated by Judge Mehta in his August 2023 decision, a definition supported by CRA and the Premium Cigar Association (PCA) and later acknowledged by FDA. The ruling marks the final chapter in a series of court proceedings that began after Judge Mehta vacated FDA’s application of its tobacco regulatory framework to premium cigars in August of 2023, finding that the agency failed to justify treating premium cigars the same as mass-market tobacco products. Importantly, Judge Mehta’s conclusion in that decision rested on the administrative record shaped by CRA’s sustained leadership and advocacy during the FDA’s rulemaking process, which the court relied upon in its landmark decision to vacate the agency’s regulatory authority over premium cigars.
This determination further highlights that lasting regulatory clarity is achieved through consistent evidence-based participation in the administrative process. Judge Mehta’s reliance on the established record reaffirms that durable legal outcomes are not shaped by eleventh-hour fillings, but by years of substantive engagement.
This latest decision conclusively affirms what CRA has long demonstrated through years of regulatory comments, direct engagement with FDA and the Center for Tobacco Products leadership, and sustained advocacy before Congress, that premium cigars constitute a distinct category of tobacco products warranting separate regulatory treatment from cigarettes and other mass-produced tobacco products.
“This ruling provides long-overdue clarity for the industry, regulators, and lawmakers,” said Mike Copperman, Executive Director of CRA. “After nearly two decades of litigation and advocacy, the courts have definitively recognized what science, history, and common sense have long established, that premium cigars are fundamentally different.”
“This outcome validates the evidence-based arguments CRA has advanced for years,” said Gary Pesh, President of CRA’s Board. “It reinforces that regulatory policy must be grounded in data, not ideology, and that one-size fits-all tobacco regulation does not work.”
With the question of what is a premium cigar now resolved, this ruling provides a strong foundation for legislative and regulatory clarity at both the federal and state levels. Lawmakers now have clear judicial guidance as they consider statutory definitions, tax policy, and the appropriate regulatory treatment of premium cigars.
“This decision ensures that family-owned manufacturers, small business retailers, and adult consumers are no longer left in regulatory limbo. This historic victory could not have been accomplished without the tireless dedication of CRA and its steadfast membership,” Pesh added.”
