DC Circ. Affirms FDA Fees, Premarket Review Of Pipes, Cigars

By Jonathan Capriel (July 22, 2021, 7:03 PM EDT) -- The D.C. Circuit has tossed an appeal by the Cigar Association of America and other industry groups seeking to challenge the U.S. Food and Drug Administration's authority to regulate cigars and smoking pipes under the Tobacco Control Act.

A three-judge panel found Tuesday that the FDA didn't act "arbitrarily and capriciously" when it applied a "deeming rule," which classified a smoking pipe as a "component" or "part," and that the agency could impose a user fee on new tobacco cigars and pipes. The decision affirmed a D.C. federal court's ruling.

The FDA issued the rule on cigars, smoking pipes and pipe tobacco...

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