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  3. https://www.regulatoryoversight.com/2024/04/whats-at-stake-for-the-premium-cigar-industry-as-dc-circuit-considers-fda-appeal/ What’s at Stake for the Premium Cigar Industry as DC Circuit Considers FDA Appeal? By Michael Jordan, Bryan Haynes & Agustin Rodriguez on April 23, 2024 POSTED IN FDA, FEDERAL COURT, REGULATORY LITIGATION, TOBACCO In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and Cosmetic Act (FDCA), known as the “Deeming Rule.” This decision exempted premium cigars from FDA’s tobacco product authorities. In September 2023, however, FDA appealed, and the U.S. Circuit Court of Appeals for the D.C. Circuit is currently weighing the matter. So, what would it take for FDA to succeed on appeal, and what is at stake for the premium cigar industry? (1) FDA has two main arguments on appeal. First, the agency argues that it properly “deemed” premium cigars subject to the FDCA. In July 2022, Judge Mehta determined that the FDA’s decision to deem premium cigars subject to the FDCA was arbitrary and capricious because the agency disregarded data concerning the relative public health risks and negligible youth use of premium cigars. Second, even if the D.C. Circuit finds FDA did not adequately consider this data, FDA argues that Judge Mehta chose the wrong remedy. Instead of vacating the Deeming Rule for premium cigars, FDA argues that the district court should have remanded the matter back to FDA to consider the data further and issue updated findings. This would have left FDA’s regulation of premium cigars intact. A remand, however, is not the typical remedy in this scenario. If FDA prevails on either of these issues, premium cigars would again be subject to FDCA requirements, including, user fees; domestic establishment registration requirements; product, ingredient, label, and advertising submissions; recordkeeping requirements; free sampling restrictions; and the federal minimum purchase age of 21. (2) Importantly, nothing in FDA’s appeal would disturb prior court orders vacating or enjoining the premarket review and health warning requirements for premium cigars. Judge Mehta included specific language in his prior orders making clear that the district court’s resolution of the claims regarding premarket review and health warning requirements were final judgments, so that they could be appealed. This includes an order enjoining FDA from enforcing the statutory premarket-review scheme against premium cigars because the agency failed to consider an abbreviated, less burdensome process for premium cigars, which FDA did not appeal. Any attempt by FDA to appeal this decision would be untimely. The court also already resolved a claim (in favor of FDA) that the Deeming Rule’s requirement that premium cigar packaging and advertising carry specified health warnings was arbitrary and capricious. The court issued an order stating that its decision was an appealable, final judgment, and that order was reversed on appeal by the D.C. Circuit in favor of industry. Thus, premium cigars are not subject to FDA health warning requirements, and no further appeals can be made on this matter. What’s Next? Briefing on the matter is currently set to conclude by May 23, and oral argument has not yet been scheduled. It is impossible to predict with certainty how long the D.C. Circuit might take to rule after oral argument, but we anticipate that it could take approximately a year or more. Our team regularly advises premium cigar manufacturers, importers, distributors, and retailers regarding their obligations under federal and state law. If you have any questions about what the FDA appeal could mean for your business, our team is happy to assist.
  4. Nomos, Oris, Zodiac, and Certina are value oriented brands that watch enthusiasts wouldn't snicker at.
  5. Laco pilot watch for under 500 might be a good option. Made in Germany.
  6. I had to Google " treacle". Cointreau is a foreign word to me too.
  7. I'm also interested in why you came upon this conclusion? I've heard sticks around 99-01 can be sort of hit or miss and I haven't smoked many 22-23 stock but from many comments I hear the quality the last couple years has been great.
  8. This. It's like gatorade on steroids, only thing (besides continuing to drink) that I've had work for me consistently. I've also found that the name brand, non-powder packets, seem to be best when trying to get rid of a hangover. I've never actually tried to drink it BEFORE starting to drink though. Typically I'll do it before bed that night and also in the morning. Seems to work pretty well for me.
  9. Good review. I love to see people smoking the 'heavy hitters' in their collection. I've experienced some piss poor construction issues with my 2019 CoLas. What year was yours? Happy to hear it burned well for you.
  10. Just smoke the hashish before the Bolivar. You'll be in the same place and your cigar will taste much better than if it had reefer in it.
  11. Honestly I am leaning towards Raching for the ease and simplicity, but the allure of having a high end Liebherr tempted me. I don’t understand why Liebherr wouldn’t make a proper humidor that can go down lower than 65. Their humidor only goes down to 65.
  12. Hi Everyone Tomorrow is Anzac Day In Australia (our Memorial Day) so it is a Public Holiday However Friday's 2424 will be normal time See you Friday Morning Lisa
  13. Nice review, nice cigar! When these are on they are the bomb.
  14. Like many larger CC this cigar can be outstanding or really disappointing. I choose them really carefully now as their price point is nearly the same as the Lusis'...
  15. I can't say Bolivar has cannabis in it but whenever I fire up a BPC I like to watch The Wizard of Oz with Dark Side of the Moon playing.
  16. So you put them directly in the freezer? You've never had any issue with your cigars this way? I've always been scared of the thermal shock so what I do is 12 in the fridge, 24 in the freezer and then 12 in the fridge again.
  17. Oops...it's a crazy week as tomorrow is a Public Holiday, LOL!
  18. Unfortunately sobriety does seem to be the best way to avoid a hangover... The most effective thing I've found is hydrating/electrolytes BEFORE drinking. Actual name brand Pedialyte before drinking seems to work the best, and make it the liquid stuff, not the powder packets. Drink a whole quart of that stuff before the alcohol hits your lips. Then keep drinking water or Pedialyte/electrolytes while imbibing. I've found that the payoff per quart is greater when consumed earlier in the evening than later. Make sure you eat dinner. Sleep as much as you can. Wake up and hydrate while making your bacon and eggs. Good luck!
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