Today, United States District Court Judge, Amit Mehta, threw out the warning requirements for premium cigars contending that the FDA did not properly analyze the different usage patterns between premium cigars.

The Court pointed to evidence that “premium cigars have different usage patterns than other cigar and tobacco products, they are almost never used by youth, and they are instead used by older, higher income, and better educated consumers.” According to the Court, the FDA did not adequately deal with this evidence when it imposed 30 percent health warnings on premium cigars. The opinion vacates the labeling requirements for premium cigars and remands a portion of the rule for further analysis by the FDA.