Four More Lawsuits Filed Against FDA to Block its E-Cigarette Deeming Regulations

Last month, I reported that Nicopure Labs, a maker of e-liquids and vaping devices, filed a lawsuit against the FDA challenging its deeming regulations, claiming that they are in violation of the Administrative Procedures Act (APA) and the First Amendment. Today, I report that four more lawsuits have been filed against the agency; all seek an injunction against enforcement of various aspects of the regulations or seek to overturn the regulations in their entirety.1. Lost Art Liquids, LLC has filed a challenge to the deeming regulations under the APA, the Regulatory Flexibility Act, the First Amendment, and the Fifth Amendment. As the company explains: "Lost Art Liquids' Complaint alleges that FDA's regulation of vapor products is illegal in that it exceeds the very limited and specific scope of authority Congress granted FDA to regulate "tobacco products" under the Tobacco Control Act in 2009. "Vapor products are technology products, not tobacco products," said Ryan Thomas, Lost Art Liquids' Co-Founder and COO. "The legislative history and factual findings that serve as the predicate to the Tobacco Control Act make clear that Congress never intended to give FDA authority to regulate vapor products when it enacted the Tobacco Control Act in 2009. It was created to regulate products like cigarettes and smokeless tobacco, not vapor," he continued. "FDA has introduced one of the most burdensome, misguided and harmful regulations in its history without adequat...
Source: The Rest of the Story: Tobacco News Analysis and Commentary - Category: Addiction Source Type: blogs