Vaping News

Vaping Groups Sue the FDA

Eleven vaping associations are challenging the FDA’s deeming regulations in federal court.

Share on:

The Coalition filed a suit last Friday with the US District Court for the District of Columbia on behalf of 11 plaintiffs, and is fully supported by every vape advocacy group in America. The action seeks to challenge sections of the deeming regulations and the Family Smoking Prevention and Tobacco Control Act over numerous counts. These include eight alleged violations of the Administrative Procedures Act and the First Amendment to the Constitution.

The Right to be Smoke-Free Coalition is: “a non-profit, industry-led trade association of e-vapour businesses dedicated to promoting the interests of the industry by advocating for reasonable and responsible laws and regulations, and fighting for the right of vapers to be smoke-free.”

The plaintiffs named in the court case include:

  • Right To Be Smoke Free Coalition
  • American E-Liquid Manufacturing Standards Association
  • American Vaping Association
  • Electronic Vaping Coalition of America
  • Georgia Smoke Free Association
  • Kentucky Vaping Retailers Association
  • Louisiana Vaping Association
  • Maryland Vape Professionals
  • Ohio Vapor Trade Association
  • New Jersey Vapor Retailers Coalition
  • Tennessee Smoke Free Association

The coalition believes the FDA’s regulations would drastically restrict new product development, especially for the independents without the resources possessed by Big Tobacco. Not just that, but they also believe the regulations are a “direct challenge to Congress’ wishes”.

“Plaintiffs are fully committed to the safety of electronic nicotine delivery systems, from manufacturing through distribution, and recognize the need for reasonable regulation at the federal level,” they state in their lawsuit. “FDA substantially overestimates the benefits of the deeming rule and underestimates its costs,” with its one-size fits all strategy.

While the FDA believes it will cost in the region of $500,000 (about £370,000) to get a new product through the regulatory process and to market, independent analysts contend it will be well over a million dollars for each new listing.

There are two additional cases brought by tobacco firms: Altria are fighting to retain the “Black & Mild” name for a cigar brand, and Miami’s Global Premium Cigars are objecting to a warning taking up 30% of the box.

Dave Cross avatar

Dave Cross

Journalist at POTV
View Articles

Dave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous vape companies to develop content for their websites.

Join the discussion

Product

Parliament Fears Two

The Department for Environment, Food and Rural Affairs faced questions from a Conservative MP and, oddly, a member of the Department for Environment, Food and Rural Affairs

Vaping News

Harm Reduction For The Rich

The United Kingdom risks becoming a harm reduction country only for the wealthy, according to Michael Landl of the World Vapers’ Alliance

Vaping News

Sacrificing Health For 2p Cut

Tory Government alienates vaping voters with its mission to cut tax by an unaffordable 2p to attract voters by placing a tax on vape products in the forthcoming budget

Vaping News

Scotland Announces Single-Use Vape Action

A ban on the sale and supply of single-use vapes in Scotland is due to come into effect on 1 April 2025, under proposed legislation published today