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Judicial Watch sues Feds over secret emails linked to FDA vaping regulations

The political watchdog group Judicial Watch has just announced that they are suing the Obama Administration for access to sensitive email conversations relating to the creation of the FDA deeming regulations.  By citing the Freedom of Information Act (FIOA), the organization is demanding access to secret conversations between White House officials, the Centers for Disease Control and Prevention, and the U.S. Food and Drug Administration.  The apparent goal is to gain a deeper understanding of the decision-making process that ultimately led to the implementation of deeming regulations that threaten to bankrupt the American vaping industry.

The lawsuit entitled Judicial Watch vs. U.S. Department of Health and Human Services et al (No. 1:17-cv-00831) was filed on May 5 in the U.S. District Court in Washington, DC.  And according to a press release, Judicial Watch decided to take legal action after repeated requests from the related agencies were repeatedly ignored. 

“The lawsuit was filed after the agencies failed to respond to FOIA requests sent in March 2017 seeking:
All internal [FDA, CDC, or OSG] emails discussing the relative carcinogenicity of inhalation from Electronic Nicotine Delivery Systems compared to inhalation from traditional combustible cigarettes.”

Also in the press release, Judicial Watch refers to several vaping studies which seemingly indicate that vaping is significantly healthier than smoking.  The organization cites the April 2016 research published by the Royal College of Physicians in the United Kingdom and a November 2016 study conducted by the American-funded National Center for Biotechnology Information involving some 28 European nations which boasts similar pro-vaping statistics. 

Judicial Watch:  Did Big Pharma conspire with Obama officials?

This is not the first time that this watchdog group has sued the federal government.  On the same day that Judicial Watch announced this its latest legal endeavor, the organization also posted another press release claiming that U.S. District Judge Amy Berman Jackson had just ruled in their favor in another court case involving the notorious Clinton email scandal.

Coincidentally, Berman-Jackson just happens to be the very same judge currently presiding over the historic Nicopure Labs vs. FDA deeming regulations lawsuit, as well.  According to Judicial Watch, Judge Amy ordered the U.S. State Department to turn over “eight identical paragraphs of previously redacted material.” 

 “…The two records, even if just barely predecisional, are not deliberative. [The State Department] has pointed to very little to support its characterization of these two records as deliberative, and the Court’s in camera review of the documents reveals that they do not fall within that category.”


This latest ruling in the Clinton email case is being viewed as a positive sign that Judicial Watch is on the right track relating to the latest court action involving the FDA deeming regulations.  Furthermore, the agency also seems to be very interested in the Obama emails to determine if there was any favoritism towards Big Pharma in the release of the FDA deeming regulations last year. 

“Drug companies favoring the FDA rules—usually big backers of Democrats—have huge sums invested in prescription smoking-cessation drugs, covered in many cases under the Democrat-passed Affordable Care Act, which they helped shape.”
“The emails sought by Judicial Watch could shed light on how the Obama FDA arrived at the decision to strictly regulate e-cigarettes, despite its own admission that it had done inadequate research – and, in fact, that the devices helped smokers quit tobacco…The American people deserve to know if a corrupt government power grab put the public health at risk.”

Judicial Watch has an excellent reputation for achieving remarkable results in historic lawsuits.  In previous cases, the agency has sued the U.S. government over issues relating to the Benghazi crisis, the Trump Russia Connection,  and other highly politically-charged events involving alleged government cover-ups and conspiracies.


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