New Lawsuit Was Filed Today Against The FDA!

General Health and advocacy
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RIGHT TO BE SMOKE-FREE COALITION )
4049 E. Presidio Street )
Mesa, AZ 85215 )
)
AMERICAN E-LIQUID MANUFACTURING )
STANDARDS ASSOCIATION )
P.O. Box 184 )
Englewood, OH 45322 )
)
AMERICAN VAPING ASSOCIATION )
736 Washington Street )
Hoboken, NJ 07030 )
)
ELECTRONIC VAPING COALITION )
OF AMERICA )
P.O. Box 510403 )
New Berlin, WI 53151 )
)
GEORGIA SMOKE FREE ASSOCIATION ) Civil Action No. _______________
3212 Westside Country Drive )
Fort Oglethorpe, GA 30742 )
)
KENTUCKY VAPING RETAILERS )
ASSOCIATION, INC., d/b/a KENTUCKY )
SMOKE FREE ASSOCIATION )
9909 Taylorsville Road )
Louisville, KY 40299 )
)
LOUISIANA VAPING ASSOCIATION )
135 W. Genie Street )
Chalmette, LA 70043 )
)
MARYLAND VAPE PROFESSIONALS, LLC )
211 Saint Paul Street )
Baltimore, MD 21202 )
)
NEW JERSEY VAPOR RETAILERS )
COALITION )
3 Becker Farm Road, Suite 105 )
Roseland, NJ 07068 )
Case 1:16-cv-01210 Document 1 Filed 06/20/16 Page 1 of 37
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OHIO VAPOR TRADE ASSOCIATION )
4251 Lyons Road )
Miamisburg, OH 45342 )
)
and )
)
TENNESSEE SMOKE FREE ASSOCIATION )
7203 Bonny Oaks Drive )
Chattanooga, TN 37421, )
)
Plaintiffs, )
v. )
)
FOOD AND DRUG ADMINISTRATION )
10903 New Hampshire Ave. )
Silver Spring, MD 20993 )
)
ROBERT CALIFF, M.D. )
Commissioner of Food and Drugs )
10903 New Hampshire Ave. )
Silver Spring, MD 20993 )
)
and )
)
SYLVIA MATHEWS BURWELL )
Secretary of Health and Human Services )
200 Independence Ave., SW )
Washington, DC, 20201, )
)
Defendants. )
)
COMPLAINT
The United States Food and Drug Administration (“FDA” or the “Agency”) recently promulgated a final rule that, inter alia, comprehensively regulates for the first time at the federal level electronic nicotine delivery systems (“ENDS”), commonly known as electronic cigarettes. The regulation was adopted pursuant to the Food, Drug and Cosmetic Act (“FDCA”), as amended by the Family Smoking Prevention and Tobacco Control Act (“TCA”). See 81 Fed. Reg. 28,973 (May 10, 2016) (the “Deeming Rule” or “final rule”). The Plaintiffs, consisting of national and state-wide trade associations representing the entire ENDS industry (i.e.,

For FULL Document…

https://brvliquids.com/wp-content/uploads/2016/06/R2B-Complaint.pdf

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Get them Sumbiatches!

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HUZZAAAAH!!! cheers

EDIT: Best thing I’ve read (so far) in this was from page 15 (of 37):

“47. While the TCA provides FDA with broad regulatory authority over tobacco products, such authority is not unfettered. Indeed, the Agency is circumscribed by the underlying purposes of the statute, as well as additional limitations placed on the exercise of its delegated powers. Specifically, Congress sought to strike a balance in the TCA between, on the
one hand, prohibiting FDA from effectively banning tobacco products, and instead ensuring that adults continue to have ready access to such products while, on the other hand, taking steps so that such products are not accessible to underage consumers. Further, Congress instructed FDA to regulate tobacco products in a manner that promotes the introduction and sale of safer and less harmful tobacco products, rather than keeping them off the market.”

great reading here folks!! Highly recommend downloading the copy for yourselves!
Again, awesome post, and thanks for the link to the complaint!!

EDIT 2: And it just gets better as you go…

“48. The TCA’s “Purposes” section explicitly provides that FDA must “continue to permit the sale of tobacco products to adults in conjunction with measures to ensure that they are not sold or accessible to underage purchasers.” Pub. L. No. 111-31, § 3(7), 123 Stat. 1776, 1782 (2009); see, e.g., H. Rep. No. 111-58, Pt. 1, at 33 (2009). While the TCA allows FDA to take action on specific tobacco products, like adopting tobacco product standards that limit the use of a specified additive, Congress sent a clear message that the regulatory regime cannot be implemented in a way that substantially limits adult access to a category of tobacco product.”

WOOOHOO!!! Fight Fight Fight!!

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Bangarang! Now if we could just get every vape association, shop, and group to do the same.

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The Plaintiffs are industry Associations, so by default, their membership are encompassed in the Plaintiff’s suit.

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