FDA attacks on small cigar makers are eliminating consumer choice with an illegal new rule, the nonprofit government watchdog Cause of Action Institute argued in an amicus brief filed Wednesday in the U.S. District Court for the District of Columbia. The FDA failed to conduct a full cost-benefit analysis – as required by executive orders under former presidents Bill Clinton and Barack Obama – before issuing the “Deeming Rule,” which placed all tobacco products under FDA regulation in August 2016, according to the brief.