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Sad Day - Judge rules for FDA in Nicopure lawsuit


Sad Day Guys (╥_╥) 7/21/2017 - Judge rules for FDA in Nicopure lawsuit

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.

To those who are selling new E-Juice with manufacturing finished product dates after August 8th be wary. I can feel those FDA warning letters coming…:sweat:

Honest conversation about pre-prepping and FDA Deeming Regs

What’s going to happen to us? Should we be stocking up on mods tanks drippers and nicotine again?


Just wanted to say thank you for posting this info.


From what I understand, the industry is okay until August 8th of next year, then after that date all bets are off.


That is also my understanding. While i can’t say that I was at all surprised by this ruling, it nonetheless makes me so angry that I can barely contain my outrage. I’m an old man. One year ago I couldn’t breathe…I smoked for more than 50 years. Last week I cut down a large tree on my property and split it into firewood in temps that would have killed me before. I enjoyed it very much. Whats the difference? I took up vaping which has very clearly saved my life. Plus, I have found an enjoyable hobby in DIY. Somehow “outrage” doesn’t convey my utter disgust with these totalitarian thugs…


She was also the Judge that dismissed the wrongful death suit filed bt the parents of two of the soldiers/contractors killed in Bengazi. Appointed to her position by former president Obama in 2011.


Thanks for sharing your story @mrpipes. It’s really cool that even after 50 years you were able to quit smoking, however stories like yours and many others fall on deaf ears. Even with the studies out that show the benefits of vaping, the powers that be really could care less.

I agree. I don’t think anyone was surprised about the ruling. There was a big discussion in the Zoom rooms on MyVaporium. The general consensus is that they are only concerned about the $ and setting up arbitrary regulations on vaping products. If vaping is taking away from Big Tobacco ( the ones who line most of these politicians pockets) then something must be done.


I made that decision prior to last August. I’m normally a positive thinking person, but I just don’t trust these weasels to have my / our best interests in mind. I opted for the ‘hope for the best, prepare for the worst’ plan. I targeted a few tanks & mods that would allow me to maintain my present level of satisfaction, and acquired enough to last (I hope) 20 years. It feels pretty good, getting to that point.

@mrpipes I feel your anger, my friend. I’ll be 63 in a couple of weeks. Smoked for almost 50 years, myself. I loved it. I enjoy my tobacco. In a few days I will celebrate the two year mark, since my last cigarette. Like yourself, the turn around in my health has been amazing.

All the more reason not to let those bastards decide whether or not I will will be able to continue Vaping.


So what I don’t understand is this. If the judge ruled in favor of the FDA what exactly is going to happen? How long do we have to stock up on supplies? Does this just affect US vendors? Will we still be able to acquire mods and tanks from places like fasttech? I’m a little behind on the politics sorry…


Therein lies the rub. The ‘business relationship’ between the government & the tobacco industry has been going on for ohhh I don’t know, a couple hundred years? That money pipeline is so entrenched, at this point. Now the pharmaceutical companies have joined in the money feeding frenzy.

They make the money + They make the rules = Tough sledding for Vaping.


Do a search in ELR for ‘Deeming’. There is quite a bit of info and discussion. The regulations themselves are almost 500 pages long, if I remember correctly.

I’m not well versed in the particulars, either. I’m not positive, but I think there is a clause within the regs, that basically states the FDA can change them as they deem necessary. I didn’t take that as a positive statement. I took that as… 'Let’s make ‘em think we’re going up the middle, and do an end run’.

If that’s true, who’s to say we have until next August to purchase gear? Might be next week.


Yea I saw the whole thing was 499 pages and I was like… I don’t have enough whisky in the cabinet to get through all of that lol thanks!


Thank you for sharing this. Doubtful we’ll be winning anything while the lobbiests and corruption is allowed to remain in government. Turns my stomach to know that I fought for these people’s right to abuse my freedom. Hope they all rot!


Basically the FDA now has a foundation to work from to reign in the vaping industry. They have full regulatory authority to regulate all tobacco products - (includes vaping products - E-liquid, mods, attys and batteries). This will include the distribution, marketing (an order to give authorization where they see fit) and manufacturing of vaping products. Manufactures will have to show that vaping products demonstrate/meet the public health standard by law (this includes small businesses and big time manufacturers).

More than likely we will still be able to buy from oversees but they will begin to set import / export regulations of vaping products. You will be able to receive items but only if there are proper nicotine warnings on the packages (notice how they have nicotine warnings on mods & attys now). These products must follow the deeming rules before they are distributed to consumers in the US.


I’m all out of likes already today lol… thank you for the info I am trying to decide a budget to buy more mods pretty quickly… maybe a gallon of Nic too… I can’t be without my vape I would go crazy… hopefully we still do have a year before it gets really rediculos so that we can all stock up a bit more… even better would be for an appeal


We have one big advantage over the typical vaper. This community, that shares tips & info, good and bad. We have each other’s backs, so to speak.

The typical vape spud is going to go to his local B&M, for a few coils and some juice, and find a ‘Closed’ sign on the door. As a community, we have a pretty wide knowledge base at ELR. We will have to deal with the regs too, in one way or another, but we won’t be caught with our knickers down.


The DIY market is the “gray” area. From what I understand, these regulations set forth from the FDA do not affect DIY’ers as drastically, as long as your creating E-Juice for yourself and your not creating juices for the masses (you’d be considered a manufacturer / retailer then).

Buying your VG,PG, & Flavorings should not be a problem right now for DIYers (however, that is still up in the air as well) but will directly affect e-liquid manufactures. However liquid nicotine is placed in the same scope of “tobacco products” which carry the same restrictions applied to any other tobacco product. So stocking up on Nicotine could be a good idea at this point.

@Nicotine_River - could chime in with some information regarding how this will affect the sales of nicotine for them personally.


Yes I would love to hear from them on this… I still have around 750ml of 100mg/ml Nic in my freezer but I don’t have a comfortable number of mods and tanks/drippers to keep me and my wife going… so Nic and hardware are my biggest concerns… I have an order comming in from china that just shipped out yesterday with 3 mods in it and hopefully it will make it to me without incident but I would like to have around 20 or so devices to hold me over… might be placing a Nic order early if possible… I wanted to wait until around the holidays to get it cheaper but if they are going to crack down I sure hope it isn’t too late


We vapes unflavored for over a year and if push comes to shove I’m not against that if I can’t get flavors but I need more Nic to last me 20 years lol


I can’t say (or anyone else for that matter) with 100% certainty what the future will hold. So since “doomsday” is basically here, it’s not a bad idea to prep yourself. A few DIY vendors have already taken a stand with DIY’ers but I predict that some will eventually distance themselves from the DIY market in order to stay in operation.

It all comes down to the “intent” of the product in concerns with the FDA. Can manufacturers continue to prove that their supplies aren’t just for DIY’ers? Are they just for foods & beverages or are they intended for the use for vape related products?

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