In a long-awaited move, the vaping industry seems to be finally banding together by filing a joint-lawsuit over the legality of the FDA deeming regulations. On June 20, eleven advocacy groups filed suit in the District Court of Washington, D.C. According to court documents, the plaintiffs are challenging multiple parts of the newly announced FDA e-cig regulations, including the FDA’s classification of e-cigs and vaping devices as “tobacco products" and the million-dollar PMTA approval process that is identical to that of Big Tobacco.
The lawsuit is being spearheaded by the Right to Be Smoke Free Coalition and is being publically endorsed by nearly every reputable vaping organization across the United States, including the Consumer Advocates for Smoke-free Alternatives Association (CASAA), the Smoke-Free Alternatives Trade Association (SFATA), NOTBlowingSmoke.org, and the American Vaping Association (AVA). Case 1:16-cv-01210 is also readily available for review online, and the plaintiffs expect thousands of additional endorsements from vape shop owners and e-cig retailers around the country as word begins to spread about the landmark lawsuit through social media.
The eleven plaintiffs include:
- Right To Be Smoke Free Coalition
- American E-Liquid Manufacturing Standards Association (AEMSA)
- American Vaping Association (AVA)
- Electronic Vaping Coalition of America
- Georgia Smoke Free Association
- Kentucky Vaping Retailers Association/Kentucky Smoke Free Association
- Louisiana Vaping Association
- Maryland Vape Professionals
- Ohio Vapor Trade Association
- New Jersey Vapor Retailers Coalition
- Tennessee Smoke Free Association
This is not the first lawsuit filed against the FDA e-cig regulations, and it certainly won‘t be the last. Just four days after the new deeming regulations were first announced on May 5, 2016, Nicopure Labs filed a similar case in the very same Washington, D.C. court house. Ten days later, Lost Arts Liquids filed a second suit. But many in the vaping community are more hopeful that this latest filing will pack more political punch.
Lawsuit contests eight different aspects of FDA e-cigs regulations
The lawsuit starts by attacking the predicate date of February 15, 2007. Since the FDA e-cig regulations did not take effect until over 9 years later, the plaintiffs want this date moved forward. Otherwise, nearly 100% of all e-cigs and vaping products currently on the market would fall under the new regulations.
If the deeming regulations are not abolished or at least revised, then a large portion of these businesses will be eradicated almost overnight. For these reasons, the eleven plaintiffs involved in the new lawsuit are encouraging public support by everyone and anyone who wants to fight against the War on Vaping.
(Related Article: NICOPURE MAKES HISTORY; FILES FIRST LAWSUIT OVER FDA E-CIG REGULATIONS)
(Related Article: LOST ART LIQUIDS FILES 2ND LAWSUIT OVER FDA E-CIG REGULATIONS)