Legal Opinion
Cigar Ass'n of Am. v. U.S. Food & Drug Admin.
Court of Appeals for the D.C. Circuit
Decided May 15, 2018No. Case No. 1:16–cv–01460 (APM)PublishedCited by 5 opinions
1Opinion of the Court
Amit P. Mehta, United States District Judge
I. INTRODUCTION
On May 10, 2016, the U.S. Food and Drug Administration ("FDA") published a final rule "deeming" cigars, pipe tobacco, and certain other products (e.g., e-cigarettes) subject to the federal Food, Drug, and Cosmetic Act ("FD & C Act"), 21 U.S.C. §§ 301, et seq. , as amended by the Family Smoking Prevention and Tobacco Control Act of 2009 ("TCA"). Known as the "Deeming Rule," the FDA's action subjects these newly "deemed" products to comparable statutory and regulatory requirements already imposed on cigarettes, cigarette tobacco,…
2Cases cited59 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
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3Cited by5 opinions
- Cigar Association of America v. FDACourt of Appeals for the D.C. Circuit · 2020
- Cigar Association of America v. FDACourt of Appeals for the D.C. Circuit · 2021
- En Fuego Tobacco Shop LLC v. U.S. Food & Drug Admin.Court of Appeals for the D.C. Circuit · 2019
- American Hospital Association v. AzarDistrict Court, District of Columbia · 2020
- Cigar Association of America v. United States Food and Drug AdministrationDistrict Court, District of Columbia · 2020