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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:

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

  • 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.    

(Related Article: BREAKING NEWS: VAPING INDUSTRY FILES LANDMARK LAWSUIT OVER FDA DEEMING REGULATIONS)

(Related Article: HISTORICAL LAWSUIT SLAMS FDA E-CIG REGULATIONS WITH 8 VIOLATIONS)

7 comments

  • I smoked 3 packs a day every single day for 8 years since I got into vaping I have absolutely cut out 18 in my entire life I am down to 3 milligrams of nicotine cause I still need it I need a nicotine buzz but because of it and it saved my life my doctor even said you look like better and use your lungs look better so I say vaping is a whole lot better than the fucking cigarettes

    Jon
  • I started smoking at19 and tried to quit using the gum, patches, and the pills none worked I started vaping5 years ago and have been smoke free for 4 years now and feel better and breathe better my doctors are amazed at my lung capasity tests they6have steadly impoved so why does the FDA want me to6start6smoking again.
    I went from24% nicotine to3% nicotine and am thinking of trying 0% nicotine and see if that goes well I will have kicked my addiction nicotine all the way that is my goal so why is the FDA wanting me to stsy2addicted to nicotine which we all know is a poison.
    Makes no sense to me
    Fred

    Fred Fagundes
  • Well I smoked about a pack a day since I was 11, I’m now 43 and made the switch to vaping 2 1/2 years ago and I feel energetic and an active with my kids. I now can breath and no longer addicted. I was so happy that I actually open my own Vape shop to help people make the change as well.. Now our government wants to profit on this industry and shut me down because I don’t have the money they do.. Many rap songs say this “big bank take little bank” what a shame!!! I was taught our government works for us and this is a free country.. However their actions say different..

    Rob South
  • In 2007 when I tore my ACL in a college football injury at first I thought my life was over started drinking and smoking, stopped drinking but couldn’t stop smoking in Dec of 2012 I started vaping best thing I ever did. This Dec will be 4 years tobacco free. I love the flavors and the many varieties. I taste food better, breathe better, smell better. Have tons of more energy, and I’m back in the gym. Vaping is the best thing that’s happened to me since I met my wife, what I like about it is there’s no second hand vape, my dogs are not affected by it nor is my wife cause she is also a fellow vapor, we go to vapor conventions and I’m also in cloud and vape trick competitions, you can’t do that with tobacco smoke. FDA have got t9 be the dumbest bunch of morons this side of the Mississippi.

    Chris
  • I grew up with my grandparents my grandfather smoked for 60 years and was the death of him I had to watch him struggle to breathe for years I started smoking at 13 a pack a day and tryed to quit with every available method so I gave vapeing a try three years ago never touched another cig and have stepped down my nic level from 24mg to 3mg I can run and play with my kids I no longer have a nasty cough food tastes better and I will not suffer the same end as my late grandfather.

    Joe burchett

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