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)
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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