Will Crowdfunding the Nicopure vs FDA Appeal Work?

    This may be the vaping industry's last stand to stop the Deeming Rule.


    When Judge Amy Berman Jackson ruled against Nicopure Labs and the Right to be Smoke-Free Coalition in their challenge to the FDA’s Deeming Rule, Nicopure Labs and the Right to be Smoke-Free Coalition announced that they would appeal the decision. In February of this year, the plaintiffs filed their opening brief.

    Earlier this month, the FDA responded with their opening brief, and soon after that lawyers for the vapor industry replied. The appeal is on. According to Keller and Heckman LLP attorneys Eric Gotting and Azim Chowdhury, who are representing the plaintiffs, oral arguments will probably be scheduled this fall in the U.S. Circuit Court of Appeals for the District of Columbia. Beyond that, the case may go to the Supreme Court.

    Appealing a federal lawsuit against the FDA isn’t cheap. The estimate is that this round will cost at least $250,000. It’s important for the vaping industry to get behind the lawsuit, since it may be the last chance to overturn the FDA Deeming Rule. If it stands, at least 98 percent of the vaping industry will be wiped off the map in 2022.

    Now a coalition of vape industry players, led by Vape News Magazine and Nick Green (GrimmGreen), is promoting a GoFundMe campaign to pay for the lawsuit. #FUNDtheSUIT is what they’re calling the effort, and it has a simple mission: to raise enough money to fund the current appeal.

    The GoFundMe campaign is only a couple of days old, and nearly 10 percent of the goal has been raised already, much of it in $5 and $10 donations from vapers. It’s exciting to see the community pull together to help push back against the draconian regulations the FDA has in mind — although the lawsuit should probably be funded by the industry and not individual vapers.

    Please share the GoFundMe link, or this story, or Grimm’s video! Tell the owners and employees at your favorite vape shops and online retailers that you expect them to help appeal the suit.

    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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