Nine Cigar Makers Sue FDA for $10 Million in User Fee Refunds
I’ve been waiting for this news to drop. Nine of premium cigars’ biggest names are back in federal court — this time chasing money, not authority.
Arturo Fuente, Ashton, CLE Cigar, J.C. Newman, La Flor Dominicana, My Father Cigars, Oliva, Padrón, and Rocky Patel filed suit in the U.S. Court of Federal Claims, seeking at least $10 million plus interest in FDA user fees paid from 2016 to 2023. The case, assigned to Judge Edward H. Meyers, argues the fees were invalid since the FDA never had authority to regulate premium cigars — the same reasoning behind the industry’s 2023 exemption win. Morgan Lewis represents the plaintiffs, led by attorney Michael Edney. Prior filings put government exposure above $100 million industrywide.
The exemption win is now a dollar figure, and this case sets the template for every brand that paid fees the FDA was never entitled to collect.
Does a refund change anything at retail, or does it just settle an old score?
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