Cigar Association of America v. Food and Drug Administration

In 2016, the FDA promulgated a 499-page “Deeming Rule” for cigars, which, among other things, bars new products from the market without prior FDA approval, which is costly and cumbersome to obtain and will, plaintiffs say, effectively bar smaller manufacturers from the field. District court: No need to address that, as the new Administration may revoke the requirement. But a separate provision requiring health warning labels on cigar boxes and advertisements does not violate the First Amendment.

Tags: 2018, District Court for the District of Columbia, FDA, First Amendment

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