Taking it to the FDA round one (well, if you don't count the TexDave approach)
Enrique Sánchez Icaza, CEO and Founder of Global Premium Cigars (GPC), has filed a lawsuit in the U.S. District Court for the Southern District of Florida against the Food & Drug Administration (FDA). At at high level, the suit alleges the FDA’s recently announced deeming rules are cost-prohibitive for GPC, a small business known for its 1502 line of cigars. “When I joined this beautiful industry, I promised myself that I would do whatever was necessary to make the cigar industry better, and leave a legacy for my kids to carry on in life,” said Icaza in an email released yesterday. “Today, that dream is in jeopardy due to the FDA’s deeming regulations, and I feel I have the obligation to protect our industry, lifestyle, consumers, clients, friends, and our family from these terrible threats. It’s time for action! Talking belongs in the past… In the few next days, we will be giving you more information in how you can support, and help us with the tools to fight with strength.” GPC’s lawsuit is likely the first of many to be brought by a cigar maker against the FDA. The suit alleges the FDA’s actions violate the Regulatory Flexibility Act, designed to protect small businesses from over-burdensome regulations, and the Administrative Procedure Act, which sets standards that agencies engaged in rule-making must follow, as well as the First and Fifth Amendments of the U.S. Constitution. The suit has been assigned to Judge Darrin P. Gayles, an Obama nominee.
