Premium Cigars ‘Entirely Unregulated At Federal Level’ After Ruling

Reuters: Judge Throws Out FDA Rule Regulating Premium Cigars Like Cigarettes 
A federal judge has vacated a 2016 rule from the U.S. Food and Drug Administration classifying premium cigars as tobacco products subject to the same federal law as cigarettes, following an earlier finding that the rule was arbitrary and capricious. U.S. District Judge Amit Mehta in Washington on Wednesday rejected the agency's argument that the so-called deeming rule could be sent back to the agency for further consideration without vacating it. He said that, in general, a rule that is found to be arbitrary and capricious under the federal Administrative Procedure Act must be vacated unless there are "exceptional" circumstances. (Pierson, 8/10)

In other public health news —

The Washington Post: PFAS 'Forever Chemicals' Found In Period Underwear, Tampon Packaging 
New research has found “forever chemicals” in the lining of period underwear, the wrappers of tampons and in other menstruation products. ... Researchers from the University of Notre Dame studied more than 120 different menstruation products — menstrual cups, pads, underwear and tampons — sold in the United States. The research found forever chemicals in some, but not all, of the products. Although the researchers did not provide specific details, the study found that “a good fraction” of the period underwear products had detectable levels of PFAS in the lining, said Graham Peaslee, a physics professor at the University of Notre Dame who led the research. ... The study does not include the names of the different brands tested. (Amenabar, 8/10)

Atlanta Journal-Constitution: Cannabis Lowers Blood Pressure In Older Adults, Study Finds
A study from 2020 found the number of Americans age 65 and older who smoke marijuana or enjoy edibles increased 75% from 2015 to 2018. Now, a newer study suggests that might be a good thing for some. The study by researchers at Ben-Gurion University of the Negev and its affiliated Soroka University Medical Center found that medical cannabis might reduce blood pressure in older adults. (Clanton, 8/10)

The Washington Post: What Is West Nile Virus And How Climate Change May Affect Its Spread 
The West Nile virus is more commonly contracted in warmer climates, where hot and tropical temperatures allow the mosquitoes that carry it to thrive. Health experts are increasingly concerned that climate change could worsen the spread of the virus in less common places — and even bring it to new ones. The virus, which is the leading cause of mosquito-borne disease in the continental United States, is particularly dangerous during mosquito season, starting in the summer through fall. “The number of West Nile virus-infected mosquitoes we’ve detected this season is the highest we’ve seen in years,” said Colorado’s state epidemiologist, Rachel Herlihy. (Suliman and Francis, 8/10)

Stat: Yogurt Drink Instead Of A Colonoscopy? CRISPR Bacteria Are Tested
Dan Worthley, a gastroenterologist and cancer scientist at Colonoscopy Clinic in Brisbane, Australia, does thousands of colonoscopies a year, seeking and destroying precancerous polyps. It’s a practically surefire way to prevent colorectal cancer, but an unpleasant experience for patients. The future, Worthley hopes, will be much less onerous — and he’s developing a technology that, if it works one day, might make the experience more of a piece of cake. (Chen, 8/10)

CBS News: Listeria Outbreak May Be Connected To Recalled Ice Cream Cups, FDA Says
The US Food and Drug Administration, the US Centers for Disease Control and Prevention and local health officials are investigating a multistate Listeria outbreak that may be connected with Soft Serve On The Go ice cream cups, the FDA said Thursday. Two people have gotten sick, and both were hospitalized. Both said they had eaten Soft Serve On The Go vanilla chocolate ice cream cups, made by Brooklyn-based Real Kosher Ice Cream. (Christensen, 8/10)