Ninth Circuit Deals California Cigar Sellers Another Loss

A federal appeals panel has rejected the cigar industry's challenge to California's Unflavored Tobacco List, leaving the state's flavor-certification regime in place. The lawsuit, led by Rocky Patel and joined by Arturo Fuente, Ashton, La Flor Dominicana, My Father, Oliva, Padron, Cigar Rights of America, and the Premium Cigar Association, argued that the UTL process violates administrative and constitutional protections. The three-judge panel disagreed, saying the plaintiffs were unlikely to prevail. The ruling does not end litigation, but it makes an early injunction far less likely. For premium-cigar retailers in California, this means continuing to navigate a state-specific product list that already covers more than 7,300 items and is being used to enforce the state's broader flavored-tobacco ban.