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Lost Art Liquids files 2nd lawsuit over FDA e-cig regulations

Posted by Matt Rowland on

A second lawsuit is being filed in an attempt to overthrow the recently announced FDA e-cig regulations that are threatening to end an entire industry.  On May 19th, Los Angeles vaping company Lost Art Liquids filed the lawsuit in the Central District Court of California, joining Tampa-based Nicopure Labs which filed on May 9 in the Federal District Court of Washington, DC.

Lost Art Liquids is challenging the U.S. Food and Drug Administration by claiming that its recent actions to regulation electronic cigarettes in the same way as Big Tobacco is illegal and goes beyond its scope of authority.  Since electronic cigarettes do not contain tobacco of any kind, the lawsuit also suggests that allowing the FDA to label e-cigs and vaping devices as “tobacco products” violates the 2009 Tobacco Control Act, the Regulatory Flexibility Act, the Administrative Procedures Act, and the 1st and 5th Amendments.

(Related Article:  NICOPURE MAKES HISTORY; FILES FIRST LAWSUIT OVER FDA E-CIG REGULATIONS)

 

"Vapor products are technology products, not tobacco products…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."
"The FDA has introduced one of the most burdensome, misguided and harmful regulations in its history without adequately sound science, or adhering to required, lawful procedures. These regulations will harm Lost Art Liquids' business and customers by eliminating vapor products from the market, forcing consumers to resort to more harmful products like cigarettes and cigars,"
         -Ryan Thomas, Co-Founder and COO of Lost Art Liquids

Sen. Ron Johnson also questions the FDA e-cig regulations

Within hours of the filing of Lost Art Liquid’s lawsuit, Wisconsin Senator Ron Johnson also sent a scathing letter to the FDA demanding more background information as to how the agency came to the decision to regulate the vaping industry.  Sen. Johnson is also a member of the Committee on Homeland Security and Governmental Affairs, and the FDA has until May 31 to answer his concerns.

Among the many questions put forth in the Johnson letter is one regarding their level of research regarding the potentially devastating economic effects that the FDA e-cig regulations will have on American industry and commerce. Johnson asks, “Did the FDA determine how many e-cigarette businesses will be affected by the rule?  If not, why?”   He also suggests that the FDA decision to regulate is “premature” and lacks “sufficient data” to support its claims.

(Related Article:  WISCONSIN SENATOR RON JOHNSON FORCES FDA TO EXPLAIN DEADLY E-CIG REGULATIONS)

(Related Article:  WHAT CAN YOU DO TO FIGHT THE FDA VAPING REGULATIONS?)


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2 comments

  • its clearly a ploy by big tobacco most likely started by a large “finanicial contrubution” to the fda’s reasearch funds and what not. they want their customers back. wouldnt it be awesome if all vapers never go back and simply tell big tobacco to f off and if vaping goes, keep their smoke free lifestyle?

    gregory lee allisonII on
  • This is a beautiful thing. Vaping saves lives. The scientific proof is there. It is 95% safer and European nations such as Britain and Germany endorse it to actually help their citizens live longer and healthier. Nope not the USA roo many people are quitting analogs and their losing too much money off of people’s misery. Their solution is to eliminate the vaping industry and give it to big tobacco. Don’t they realize nit a single vapor will ever return to tobacco and support the death machine…

    Chris McNally on

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