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June 21, 2016

11 Vaping Groups Unite To Sue FDA

On June 20, the most anticipated lawsuit challenging the FDA’s deeming ban was filed. The Right to be Smoke-Free Coalition sued in the US District Court for the District of Columbia on behalf of 11 plaintiffs, and with the support of every major advocacy group in the country.

The suit challenges parts of the deeming regulations and the Family Smoking Prevention and Tobacco Control Act on several grounds, including violations of the Administrative Procedures Act and the First Amendment to the Constitution. The suit alleges eight violations in all.

The Right to be Smoke-Free Coalition was formed to fight unconstitutional state and federal e-cig and vaping laws. Its original focus was challenging the recently passed HEA 1432 in Indiana, which the coalition’s lawyers have challenged in both state and federal courts. Those efforts are still in progress. R2B retained the services of Washington, D.C. legal firm Keller and Heckman, LLC. Keller partner Azim Chowdhury is recognized as an expert in vapor products law, and he has handled the vaping cases.

DC Court
DC Court

Long time vapers will remember the DC District Court as the same one that decided against the FDA in the Sottera (NJoy) case that opened the market for e-cigarettes. On January 14, 2010, Judge Richard Leon ruled against the FDA, saying that e-cigarettes were not drug delivery devices, and rebuking the agency for its regulatory overreach. The District Court of Appeals later upheld his decision. Will the DC District Court deliver justice for vapers again?

Every vaper is a stakeholder and we can all help

The plaintiffs in the new lawsuit are:

  • Right To Be Smoke Free Coalition
  • American E-Liquid Manufacturing Standards Association (AEMSA)
  • American Vaping Association (AVA)
  • Electronic Vaping Coalition of America
  • Georgia Smoke Free Association
  • Kentucky Vaping Retailers Association/Kentucky Smoke Free Association
  • Louisiana Vaping Association
  • Ohio Vapor Trade Association
  • New Jersey Vapor Retailers Coalition
  • Tennessee Smoke Free Association

The R2B suit has also been endorsed by all major American vaping advocacy organizations who weren’t named in the suit, including CASAA, Not Blowing Smoke, SEVIA USA, and SFATA.

Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue 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’m a member of 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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7 years ago

It’s wonderful to see some unity and collaboration. I was afraid that petty squabbles would hinder efforts.

7 years ago

What exactly is at stake? Sorry I’m new to vaping (just killed a 15 year pack a day habit).

7 years ago

Something that could even, for a second, be considered.. not immediately thrown out. I mean, just the thought of a product being classified as & lumped in with tobacco products…… that isn’t a… tobacco…. product?! Not sure what happened to right/wrong, fairness.. putting human life (half a million per year, to be exact) BEFORE the almighty dollar.. definitely not the other way around….. Phew, what is this World coming to ??? =/ Imho, be afraid, be VERY afraid! I sure am! Live long(ER) & vape on! #ABillionLives

7 years ago

Indiana. Pence. The Dark Ages.