Advertisement
Advertise with us
sidenav

Judge Rules for FDA in Nicopure Lawsuit

Advertisement
Advertise with us

The vaping industry has lost its first major legal challenge to the FDA’s deeming regulations.

Judge Amy Berman Jackson has ruled against Nicopure Labs and the Right to be Smoke-Free Coalition and its fellow plaintiffs, and granted the FDA’s motion for summary judgement. The case was heard in the U.S. District Court for the District of Columbia, in Washington, D.C.

That means that unless the vaping industry plaintiffs appeal, the deeming rule will stand. Of course, the regulations could be eliminated or changed through other means. They are also being attacked through Congress, and by direct appeals to the Trump administration.

“We are still reviewing Judge Jackson's opinion," said Gregory Conley, president of the American Vaping Association (a plaintiff in the case). "The legal and legislative processes are both long roads with plenty of bumps along the way. The fight to save vaping is far from over." Attorney Azim Chowdhury, representing the Right to be Smoke-Free Coalition, said in a tweet that they are considering appeal options.

Nicopure Labs filed suit on May 10, 2016— just two days after the FDA announced its draconian regulations that will bankrupt the majority of independent vaping businesses in the United States. The Right to be Smokefree Coalition and 10 other vapor organizations filed suit soon after. In June last year, the judge consolidated the suits, and they were argued together.

Quote

“The Court wishes to reassure the many worried vapers who followed these proceedings closely that this case is not about banning the manufacture or sale of the devices.”

During oral arguments, observers noted that the judge seemed especially skeptical of the vapor industry’s arguments. “Is there anything else in the universe that anyone would do with a vaping device than put a liquid in it and vape with it?” Judge Jackson asked Nicopure attorney Benjamin Block.

Part of the Nicopure argument was that the FDA has no jurisdiction to regulate non-nicotine containing hardware as “tobacco products.” But the judge dismissed that contention, and it seems all the other vapor industry arguments too.

Judge Jackson included in her decision a bizarre note directed at vapers:

“The Court wishes to reassure the many worried vapers who followed these proceedings closely that this case is not about banning the manufacture or sale of the devices,” wrote Judge Jackson. “That is not what the Deeming Rule does or what it was intended to accomplish. In the Deeming Rule, the FDA simply announced that electronic cigarettes, or electronic nicotine delivery systems (“ENDS”) would be subject to the same set of rules and regulations that Congress had already put in place for conventional cigarettes.”

Vapers understand that, your honor. That’s precisely the problem. Vapor products aren’t anything like conventional cigarettes, and they shouldn’t be regulated the same way.

Advertisement
Advertise with us
Latest Reviews
Article preview image
Freemax REXA PRO & REXA SMART Review: Too Smart?

The Freemax REXA PRO and REXA SMART are highly advanced pod vapes, offering seemingly endless features, beautiful touchscreens, and new DUOMAX pods.

Wed Jul 30 2025
Article preview image
OXVA XLIM Pro 2 DNA Review: A Match Made in Heaven!

The OXVA XLIM Pro 2 DNA is powered by a custom-made Evolv DNA chipset, offering a Replay function and dry hit protection. Read our review to find out more.

Fri Jul 18 2025
Article preview image
SKE Bar Review: A Reusable Crystal Bar!

The SKE Bar is a 2 mL replaceable pod vape with a 500 mAh battery, a 1.2-ohm mesh coil, and 35 flavors to choose from in 2% nicotine.

Mon Jul 7 2025
Advertisement
Advertise with us
Latest Learn
vaping taxes
Vaping Taxes in the United States and Around the World

Because of declining cigarette sales, state governments in the U.S. and countries around the world are looking to vapor products as a new source of tax revenue.

Thu Jul 31 2025
How Old Do You Have to Be to Vape?
How Old Do You Have to Be to Vape?

The legal age to buy e-cigarettes and other vaping products varies around the world. The United States recently changed the legal minimum sales age to 21.

Tue Jul 1 2025
Where vaping is banned or restricted
Vape Bans: E-Cigarette Restrictions in the U.S. and Worldwide

A list of vaping product flavor bans and online sales bans in the United States, and sales and possession bans in other countries.

Fri Jul 4 2025
About Authors
Jim McDonald
845 posts

Smokers created vaping for themselves without help from the tobacco industry or anti-tobacco crusaders, and I believe vapers and the vaping industry have the right to continue innovating to give everyone who wants to use nicotine access to safe and attractive non-combustible options. My goal is to provide clear, honest information about vaping and the challenges nicotine consumers face from lawmakers, regulators, and brokers of disinformation. You can find me on Twitter @whycherrywhy

See author’s profile
Vaping360.com strives to be the world's most trusted resource for vapers and smokers. We take pride in our editorial integrity, accuracy, and the honesty of our writers.
Read more about us

Rely on Our Expertise

At Vaping360, we take pride in our deep expertise and years of experience in the vaping industry. Our dedicated team of professionals is committed to leveraging their extensive knowledge to meet your needs and exceed your expectations.

Authenticity

Genuine insights backed by thorough and exhaustive research and testing.

Reliability

Consistent, accurate information from the vaping industry experts.

Empowerment

Transparent and reliable content for confident and informed decision-making.

About us

Our mission is clear: to help people who smoke transition to low-risk alternatives and contribute to a smoke-free world. With each article we publish and each review we conduct, we're working towards this goal.

about-us-banner
product preview