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DePaul University: FDA e-cig regulations are ‘hasty and irresponsible’

The recent lawsuits filed by Nicopure Labs and Lost Arts Liquids challenging the legality of the FDA e-cig regulations are drawing the attention of Chicago’s DePaul University, home of one of the most prestigious law colleges in the world.  One professor in particular, Professor David D’Amato, is taking to the media to voice his outrange, labelling the U.S. Food and Drug Administration’s recent actions as “hasty and irresponsible.”

In a recent statement, D’Amato questions nearly every aspect of the new FDA regulations, including the “myopic approach” that the agency allegedly used to determine how unhealthy electronic cigarettes truly are.  As the evidence clearly shows, millions of Americans have been forever on the lookout for a healthier and more user-friendly smoking cessation alternative to the less-effect current options of “the patch” and nicotine-infused chewing gums.  And now that they’ve found what they are looking for in e-cigs and vaping technology, the FDA wants to take it away from them.

“(The) FDA’s myopic approach on e-cigarettes is exactly the kind of hasty and irresponsible regulation that will make consumers less safe…Seized and blinded by this bias, policymakers overestimate their knowledge and their practical ability to use the blunt instrument of coercive rules to solve perceived problems.”


According to law professors like D’Amato, the FDA’s role is more about protecting the general public against possible fraudulent, false, or intentionally misleading advertising methods that can jeopardize public health and safety.  The FDA does not have the authority nor the responsibility to interfere or prohibit free trade. 

The FDA is not ‘omniscient and all-powerful’

Because the FDA e-cig regulations are essentially an attempt by the federal government to implement a mandatory approval process that would essentially wipe out the entire industry, the FDA is severely overstepping.

“In the mistaken belief that government is omniscient and all-powerful, unconstrained by mortal limits, their impatient actions often yield unintended and unforeseen consequences — many of which are bound to be worse than the original problem, if one existed at all. Firms and industry groups, keen to recognize a potential advantage, long ago learned the regulatory environment within a given sector could make or break an enterprise.”

D’Amato goes on to state that he believes Americans have a fundamental right for a separation between regulations for health and safety and regulations that affect commerce, much like the constitutional right for a separation between church and state.   The government has no right to dictate how an American can “trade their wares, practice their vocations, and earn a living.” 

By implementing such harsh FDA e-cig regulations, the vaping industry will be driven underground where Black Market safety guidelines will most likely significantly decline and the resulting deadly consequences will mostly fall on an unsuspecting and highly vulnerable segment of society.


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