Federal judge consolidates historic lawsuits: Nicopure Labs vs. FDA e-cig regulations

Federal judge consolidates historic lawsuits: Nicopure Labs vs. FDA e-cig regulations

A Federal Judge from the District Court in Washington D.C. has finally set a date of October 19, 2016 for the landmark lawsuit filed by Nicopure Labs against the legality of the FDA e-cig regulations.  Judge Amy Berman Jackson also demanded that the legal action filed by the Tampa-based retailer be joined by another lawsuit filed just last month by eleven vaping advocacy groups, including the Consumer Advocates for Smoke-free Alternatives Association (CASAA), the Smoke-Free Alternatives Trade Association (SFATA),NOTBlowingSmoke.org, and The Shenzhen E-Vapor Industry Association USA (SEVIA-USA). 

While several other lawsuits with similar allegations against the FDA have also been filed throughout the country, Judge Jackson wants to consolidate these two cases because they were filed in the same Federal Court.  Rather than hearing two cases at different times, Jackson appears to be trying to streamline the judicial process and perhaps save the taxpayers a bit of time and money. If the FDA does not respond to Jackson’s demands for consolidation by August 16, then the October court date stands.

Nicopure Labs joins eleven vaping advocacy groups for consolidated lawsuit

Another case filed by Lost Arts Liquids over the FDA e-cig regulations will not be included in the newly consolidated lawsuit because it was originally filed in the Central District of California, which is not in Jackson’s jurisdiction.  But because the Nicopure-combined case takes place in federal court rather than state court, most political pundits agree that its outcome could set a legal precedent that will significantly influence all future court decisions, state or federal, for years to come.  In short, a lot is riding on this one. Among the many points of argument include the following:


  • Does the FDA have the authority to institute a backdated predicated date of February 15, 2007 on all e-cig and vaping merchandise?
  • Does the FDA have the authority to require e-cig and vaping retailers to undergo the million-dollar Pre-Market Tobacco Application (PMTA) process that is typically reserved for traditional cigarettes, cigars, and other tobacco products?
  • Does the FDA have the authority to regulate e-cigs as “tobacco products” when they are 100% tobacco-free?
  • Does the FDA have the authority to essentially tax an entire industry out of business?
  • Is a federal ban on free e-juice samples legally constitutional?

Strangely, within hours of the Jackson announcement, several Cigar Associations banded together to file another lawsuit in the same Federal Court making very similar claims against the FDA.  The Cigar Rights of America, the Cigar Association of America, and the International Premium Cigar and Pipe Retailers Association filed for a declaratory injunction to "vacate, set aside and enjoin the enforcement of the final (FDA e-cig regulations)."  It looks like Judge Amy Berman Jackson is going to be a major player in the War on Vaping.    



The opinions expressed in this article are those of the author's and do not necessarily represent the viewpoints, policy or company position of Vapes.com, the rest of our staff, and/or any/all contributors to this site.

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Nancy - October 1, 2016

I have not smoked in 5 years, thanks to e cigs. Have cut the nicotine almost down to 0. I tried Garbage drug, CHANTIX, and wound up in an emergency room, having seizures from this horrible drug, plus,it never worked. Aren’t the FDA stupid? They are full of stupid people. Look at their reputation, especially with the antidepressants. God, are they stupid and crazy.

Tim - September 21, 2016

Good luck with lawsuit the fda has more lawyers and more money than all of you. They are the gonverment they will win

Lyn Smith - August 16, 2016

I was suffering from reoccurring chest infections and chronic asthma and using several puffers to get through a day, my doctor sent me for a lung function test and I went to see a lung specialist only to discover I also had emphysema . After smoking 40 cigarettes a day for 40 years I had quit using e cigarettes weeks before the visit and have been smoke free for years and during that time I have had one asthma attack and one chest infection and have not seen a lung specialist in over three years.If required I will provide my medical records to suport my statement.

Andrea Masker - August 12, 2016

We need you guys to listen to us helps us please.

Lou - August 12, 2016

Consolidation is not always good. If you win its great. If you lose, all suits are lost. Be careful what you wish for

Craig - August 12, 2016

I was a smoker for over 40 years . I smoked 1 to 2 packs a day. July 1 2016 I quit thanks to vaping. I will not go back to smoking and I can breath, yawn, and take a full breath and don’t stink of cigarettes. I don’t care what anyone says I will never smoke again.

Audrey rodgers - August 11, 2016

Hello I am going to go into a section that not many people go into about ejuice. Many people feel e juice is is made to help people to quit smoking by reducing nicotine and the habit. The gaping industry is so much more. I personally know over 50% of customers that get 0 mg of nicotine and use vaping to curve their appetite. This has helped many people lose weight from not over eating also I have meet many diabetics that enjoy the taste of chocolate and other sweets that come from ejuice insteads of eating these sugar snacks and running their blood sugar up. Vaping is bigger than what people see on the outside. Before people consider this as tobacco research the truth learn something about it first

Gisele Bastarache - August 11, 2016

I smoked for 40 years and tried everything to quit the nasty habit that was destroying not only my health, but putting me in the poor house financially, but nothing helped me quit until I tried vaping over a year ago and I’ve been smoke free over a year. Vaping is much better alternative to smoking by far and anyone trying to eliminate it is criminal in my eyes. I would like to think that our human rights are still intact.

AJ Australia - August 11, 2016

I smoked on and off during my 20s and now 30s and didn’t realise how hard it began to have longer breaks from smoking. Ended up smoking whenever I could for about 5 years and then about a year and half ago I started vaping and quit smokes straight away, could not believe it. The innovation in products in the past year has been amazing and with continued research vaping can be made less harmful to your body. I think there still needs to be regulations but not like this.

Vedran - August 11, 2016

Started smoking cigarettes 25 years ago and tried to quit numerous times nothing ever worked till ecigs came and i quit 3 months ago.

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