The court date for the lawsuit filed by the cigar industry’s trade associations against the U.S. Food and Drug Administration (FDA) has been pushed back to August 30, 2017. The lawsuit challenges the Deeming Regulations implemented by the FDA on the premium cigar industry.
Originally, opening arguments in the lawsuit were set to begin on July 28, 2017. With new leadership in the Department of Health and Human Services, a request by the defendant (FDA) was made for a 60 day delay to allow the new Administration to get fully acclaimed with the issues. The industry trade associations pushed back on the 60 day request because of compliance deadlines looming under the Deeming Rules. Both parties compromised and agreed to a 30 day delay. At the same time the industry trade associations told the court they would not consent to any further delays without extensions to the current compliance deadlines under the Deeming Rules.
The 30 day delay also impacts other internal dates, including the Motion for Summary Judgment (which the trade associations have filed to have the court throw out the lawsuit) have also been delayed 30 days.
While a 30 day request from the July 28th date was made, the new date for opening arguments in now set for August 30th, 2017.
In addition, new Secretary of Health and Human Services Commissioner Tom Price and Acting FDA Commissioner Dr. Stephen Ostroff were substituted for their predecessors as named defendants on the lawsuit.