Issue link: https://read.dmtmag.com/i/1545684
Tobacco Asia 41 public commentary," emphasizing that agency experts would be responsible for mak- ing "a reasoned decision that protects the public health and accounts for risks and benefits to both users and non-users of tobacco products." That language effectively reinforces the regulatory boundary: courts define the framework, while federal agen- cies control its evolution. A familiar divide For much of the premium cigar sector, the ruling delivers what is scarce throughout the nicotine industry: certainty. "This ruling provides long-overdue clarity for the in- dustry, regulators, and lawmakers," said Mike Copperman, executive director and fed- eral regulatory and legislative affairs director at Cigar Rights of America (CRA). "After nearly two decades of litigation and advocacy, the courts have definitively recognized what science, history, and common sense have long established, that premium cigars are fundamentally different." CRA leadership presented the decision as the culmination of sustained engage- ment with regulators. "This outcome validates the evidence-based arguments CRA has advanced for years," said Gary Pesh, president of CRA's board. "It reinforces that regu- latory policy must be grounded in data, not ideology, and that one-size-fits-all tobacco regulation does not work. This decision ensures that family-owned manufacturers, small business retailers, and adult consumers are no longer left in regulatory limbo." The Premium Cigar Association (PCA) echoed that view, highlighting the op- erational clarity the ruling provides. "After nearly a decade of litigation, this decision provides clarity for retailers, manufac- turers, and consumers who have had to operate under significant regulatory un- certainty," said Joshua Habursky, PCA's c.e.o. "Premium cigars clearly represent a distinct product category, and this out- come reflects the importance of consid- ering those differences in any regulatory framework." Others in the industry framed the ruling more personally. "For more than a decade, the premium cigar industry has been living in purgatory while we challenged the FDA's decision to regu- late premium cigars like cigarettes," said Drew Newman, fourth-generation owner and general counsel of J.C. Newman Ci- gar Co. "The parties could choose to ap- peal Judge Mehta's decision, but I do not think that is likely to happen." The outcome also underscores a persistent divide within the industry. CRA board secretary Drew Newman, JC Newman Cigar Co. Joshua Habursky, PCA c.e.o. Scott Pearce, CAA president.