Global Premium Cigars, LLC—the company behind the 1502 Cigars brand—has filed what is the first known instance of a premium cigar company suing the U.S. Food & Drug Administration over its new deeming regulations.
The lawsuit, filed yesterday in the U.S. District Court in Miami, argues amongst other things that new regulations by FDA regarding cigars and other tobacco products violate the First and Fifth Amendment rights of Global Premium Cigars and its owner Enrique Sánchez.
Sánchez, who is represented by Frank Herrera, is asking the court to strike down the Deeming Rule as well as rule that the Feb. 15 2007 grandfather date is unlawful and should be changed to Aug. 8, 2016.
In addition, the lawsuit asks for a preliminary injunction from the Deeming Rule, a move that if granted could see the court temporarily prevent FDA from enacting regulations.
“This will be a long and tough battle, but in the end we believe that the fight is important,” said Sánchez in a statement announcing the lawsuit. “I have faith in the US legal system, and in the American people, and I know that together we can make a difference.”
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