On Thursday, May 23, 2024, the United States Food & Drug Administration (FDA) filed its response brief in the U.S. Court of Appeals for the District of Columbia in Cigar Association of America (CAA), Cigar Rights of America (CRA), and Premium Cigar Association (PCA) v FDA.

As a reminder, on August 9, 2023, Judge Amit Mehta issued a ruling in the CRA-led lawsuit CAA et al. v FDA, striking down all FDA regulations on premium cigars. On January 31, 2024, FDA filed its initial brief in the case, providing a detailed enumeration of the substantive grounds upon which FDA is basing its appeal of Judge Mehta’s decision. And, on April 15, 2024, CRA filed our initial reply brief on behalf of the industry.

FDA’s filing is FDA’s response to our reply brief and represents the next step in the appeals process.

The next step in this appeals process will be oral arguments that will likely take place in the fall.

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