Vape Shops Sue the FDA!

Several vaping shops are joining forces to challenge the recent FDA laws which came into effect in 2017!


The main basis behind this attempt to sue the FDA is the ruling from the FDA which lumped e-cigarettes and vaporizers together with other tobacco products. Their lawsuit contends that the FDA ruling is in direct violation of the U.S. Constitution’s free speech protections.


The lawsuit, which has been brought together by five vape shops operating in California, Minnesota, North Dakota, Michigan, and Texas, challenges the new FDA ruling on the grounds that it is unconstitutional. The vape shops are represented by the Pacific Legal Foundation who filed the lawsuits in the federal courts of Texas, Washington, D.C, and Minnesota. The main aim of their lawsuit is to reverse the decision which lumps all vaping products together as tobacco products which have made a major impact on the vaping industry across the United States.


One of their main arguments is that the “Deeming Rule” was never legally adopted because it wasn’t issued by an officer appointed by the President. Instead, the new “Deeming Rule” was issued by a career employee at the FDA. Another part of their lawsuit claims that because vaping shop owners now need to obtain the FDA’s approval before they can advertise any information about their product health and safety effects, it is a violation of the U.S Constitution’s free speech protections. “These regulations don't just harm small businesses and consumers, they undermine constitutional safeguards for individual liberty,” Thomas Berry, one of the lawyers from the Pacific Legal Foundation stated.


At this point, the lawsuit is another attempt by vaping and tobacco companies to derail the controversial new vaping laws which the FDA introduced. You may not believe that big tobacco would be siding with vaping organizations, but they too also have a vested interest in vaping related products. Many large tobacco companies have seen the writing on the wall for the ongoing profits to be made from cigarettes and are quickly trying to get a bigger slice of the vaping industry for themselves.


In 2009, Congress passed new laws which gave the FDA the power to extend its oversight to any and all tobacco products. The new ruling in 2016 brought e-cigarettes, cigars, vaporizers, pipe tobacco and hookah tobacco in line with existing rules for cigarettes and smokeless tobacco. Due to this new ruling, vaping companies now have to submit any of their e-cigarettes or vaporizers for government approval, list any ingredients in their e-liquid or e-juice, and place warning labels on all vaping related products. For many small businesses and even large vaping manufacturers, the new FDA ruling which came into effect in 2017 is too expensive and time-consuming. Due to the complex nature of vaporizers and their parts, each component of a vaporizer or potential component would have to go through scrutineering by the FDA. The same applies to every different flavor or flavor combination of e-liquid.


Have your say about what you think about the ruling and whether or not you agree with the vaping shops and their lawsuit! If you’re a vaper and concerned about new regulations which could affect you, then it’s important to join a vaping organization and have your voice heard.

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07 Feb 2018

By Ben Jackson

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