Fighting Back! E-Liquid Maker Halo Sues the FDA

    Halo Lawsauit

    The vape industry has returned fire. The first legal action against the FDA’s deeming ban came Tuesday as e-liquid maker Halo’s parent company Nicopure Labs, LLC, filed suit in the US District Court for the District of Columbia. The lawsuit claims that “the FDA’s rulemaking process violated the Administrative Procedure Act, and that the deeming rule violates the First Amendment to the United States Constitution.”

    The mostly small- and medium-sized companies that make up the American vaping industry are still reeling from the announcement of the FDA’s so-called deeming regulations, which were published Tuesday in the Federal Register.

    Ninety days from now, on August 8, the first restrictions begin — including freezing the market in place. After that day, no new products may be introduced for sale unless they have undergone the expensive pre-market tobacco application process.

    The government’s role is not to regulate for the sake of regulation”

    Vaping advocates are united in opposing the FDA’s regulations. As Dr. Michael Siegel said in his excellent analysis of the burdens of the application process, “these regulations will decimate the e-cigarette industry.“ The only hope for vape businesses is to change the law, either in Congress or the courts. This lawsuit is the first concrete action taken by a vaping company to fight back against the coming ban.

    “Today we turn to the justice system to protect our rights and the rights of our customers because we believe in its fairness”, said Nicopure Labs General Counsel and Chief Compliance Officer, Patricia Kovacevic. “The government’s role is not to regulate for the sake of regulation; regulation must be based on sound science and robust procedure, and it must accomplish certain public health goals.”

    “Through one voice, Nicopure Labs has taken a stand to ensure the voices of all vapers are heard and that vapers are treated fairly and not with a single stroke of a broad brush by the FDA,” said Jeff Stamler, CEO and co-founder of Nicopure Labs. “We fully support reasonable regulation that protects consumers, accomplishes the public health priority to reduce the grave harm caused by conventional cigarette smoking, and allows businesses to survive and innovate for a greater public health vision for our society as a whole.”

    Jim McDonald
    Smokers created vaping without any help from the tobacco industry or anti-smoking crusaders, and vapers have the right to keep innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I recently joined the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy

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    12comments

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    1

    Salute to Halo!! Everyone should fight back and continue to do so. The FDA can not stand to see something make money without them being involved.It seems to me like big tobacco is helping them pull the strings.

    2

    Buy Halo e-juice to show your support. This has to be an expensive endeavor for them.

    3

    Please other companies follow Halos lead. Don’t roll over and be shut down. Show the Feds this industry will not be simply wiped away by ridiculous unconstitutional regulations.

    4
    Hans Olav Pedersen

    You go on HALO. We support you and all the VAPERS in the USA from VAPERS in Norway.

    5
    Henrik Ringtved

    This is just great Halo

    6

    I have plenty to make my own have been for years now. ,,l,, FDA

    7

    Still legal to make it yourself… Make sure to order lots of nic before this happens

    8

    You can also make your own liquid from tobacco.

    9

    I’m afraid they should have worked with the vaping colaition rather than striking out on their own. If they lose, legal precedence will prevent the coalition from filing their own lawsuit, and will singlehandedly eliminate legal avenues for the rest of the industry.

    Jim McDonald
    Author10

    This is a complicated thing with a lot of moving parts. There are multiple grounds on which lawsuits may be filed, and they may be filed in multiple jurisdictions. Additionally, whatever the result of this suit may be, it will most likely be appealed.

    So, while I’m certainly not a lawyer, the comments I’ve seen from lawyers don’t seem to indicate that any preliminary result in this case would necessarily affect other efforts.

    11

    I just wanted to say that all U.S producers should do that together and gather a competent lawyer team. This game will last long. They will try to stall it ’cause probably the FDA regulations will stay in effect until final verdict is given. In that time many smaller firmas will go down ’cause they don’t have that time to spend. Production in halt. I wish all the best to U.S we from EU are keeping you thumbs. U.S market is the most important and shapes up stnadards for EU and china producers. Godspeed.

    Jeremy Mann
    Staff12

    Gotta love Halo!