PCA Leadership: Thank you for Supporting Victory Against the FDA

Last week we have achieved something that many thought we never could: VICTORY over the deeming rule and the FDA’s overreaching efforts to stifle our industry, livelihoods, and our passion! Whether you are a retail member, a manufacturer that exhibited at our trade show, a donor to our advocacy fund or political action committee – Thank You!  You are the reason we have won ALL THREE lawsuits to bring stability – and sanity – back to our industry. 

If you missed our recent PCA Live interview with Michael Edney, our chief litigator, you can view it here: https://www.youtube.com/live/N8mvvGlJQ-E?feature=share.   It’s a concise and review of the seven years of legal and political actions that went into building the necessary precedent for our victory.  

Beginning with the “En Fuego” lawsuit, which the Premium Cigar Association soley funded to protect your store fronts and cigar boxes from becoming billboards for FDA’s tobacco warnings, to the suspension of pre-market review, to the closing arguments that resulted in vacature of the deeming rule, we are proud to have partnered with the Cigar Association of America and Cigar Rights of America through these actions in the courts.  Though we are unique in our membership and perspective, each contributed financially, materially and morally to build these cases.

For litigation alone, PCA invested $3.925 million.  But the litigation was just one of the many tools we utilized to achieve victory.  PCA staff and volunteer leaders spent hundreds of hours visiting elected officials, the FDA and other agencies, working on letter-writing campaigns, reviewing and editing comments on thousands of pages of proposed rules, and countless hours on the phone strategizing and working through issues to ensure our best strategy was put forward.  Adding all of the related expenses for supporting legal work, science experts, lobbying and advocacy, to date PCA has spent over $25 million.  Even during our darkest hours, when COVID shut down our trade show, PCA’s dedicated staff and consultants stayed on the job to ensure we never lost a step and were prepared for the courtroom.  It took every minute of every action along with every dollar we have spent to get us here.  And we can confidently say – it was totally worth it! 

But now is not the time to let up, get complacent, or rest in a false sense of security. We can never let up; or else our opponents will gain a new footing. They will never stop swinging and while we have them on the ropes there is no time to relax. 

We have momentum.  We have a world-class advocacy organization, a carefully crafted, and expertly honed strategy for increased progress and impact.  As we gear up for our next phase of Vision 50: A Decade of Action, we will be investing even more on offense – boots on the ground at State Capitols, supporting tax caps and other pro-industry initiatives.  In this pursuit, please consider donating to the PCA Retailer Defense Fund.  These monies all go directly to our state advocacy programs that fight for our brick-and-mortar members.  

More battles, more victories, and – for now – a future unbridled by the sword of bureaucracy dangling over our necks. We  look forward to standing on the battlelines with you as we march forward together.  Onward!


Scott Regina 
President of the Board of Directors

Scott Pearce 
Executive Director