The Premium Cigar Association and Cigar Rights of America filed a petition for rehearing on March 10, 2025, asking a federal appeals court to rehear a case on whether the U.S. Food and Drug Administration (FDA) lawfully determined premium cigars are under the agency’s authority. The appeals court in January ruled that the FDA did not have the power to regulate premium cigars as it does over other tobacco products such as regular cigars, e-cigarettes and hookahs. The judges, however, reversed and remanded the case only so that the district court can invite briefing on the appropriate definition of “premium cigars” before entering a final order. “The Appellees are grateful for the Court’s decision,” the cigar groups wrote Monday. However, the court “should grant panel rehearing to affirm the decision” and “eliminate the remand proceedings.” “No party other than the Government appealed the District Court’s order below, and the Government did not request further proceedings for the judiciary to consider adjusting the definition of premium cigars for purposes of vacatur.”

The cigar groups wrote that if the D.C. Circuit continues to hold that there should be further lower court proceedings, it shouldn’t reverse its decision but instead affirm and remand it to the district court for the parties to have an opportunity to seek clarification of or ask for adjustments to the definition. The Department of Justice (DOJ) informed the cigar groups that it doesn’t agree that rehearing is warranted, but it also doesn’t intend to argue for a different premium cigar definition on remand to the district court, according to the petition.