Fund The Suit: Nicopure vs. the FDA

Posted 30th May 2018 by Dave Cross
American vapers are embracing the #FUNDtheSUIT hashtag. Nicopure’s legal action aims to take down the Deeming Regulations and the crippling financial obligations it places on small independent businesses. The lawsuit, going since 2016, and took a massive setback last year, is about to step up during 2018. Vapers are being asked to help fund this final push.

Case Number: 17-5196 pits Nicopure and the vaping industry against branches of the government supported by a bunch of morally questionable organisations (American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids and the Truth Initiative).

The original case was rejected on all counts last year but it was not the end of the war. In January, three further challenges to the Deeming Regulations were filed through representation by the Pacific Legal Foundation (“PLF”). Each one raised points under the 1st Amendment of the Constitution and the Appointments Clause. The cases are:

  • Moose Jooce vs. Food & Drug Administration
  • Rave Salon, Inc. vs. Gottlieb
  • Hoban vs. Food & Drug Administration

This coordinated strike, in conjunction with the Nicopure case, means the FDA faces having to fight on four fronts – and is something the litigants declare is just the “opening salvo.”

88 Vape

Nicopure are appealing the disappointing 2017 verdict on a number of points:

  • Reduced harm – the appeal contends that the FDA’s ‘vaping is not reduced harm’ position during the case ignored instances where it and its witnesses contradicted it.
  • Free samples – the appeal states that the FDA failed to provide any evidence that children were obtaining them from vape stores.
  • One size fits all – the appeal states that, as the FDA now admits vaping offers reduced harm to smokers, the Deeming Regulations should have been tailored for the industry.

Grimm Green appeals for funding


 Dave Cross
Article by Dave Cross
Freelance writer, physicist, karateka, motorbikes, and dog walker
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