FDA Another lawsuit filed! E-Vaping Coalition of America

[LittleBird]

The Clive Bates Brief:
Tobacco On Trial » Blog Archive » NICOPURE v FDA: Notice of Errata by Clive Bates and Fifteen others, Aug 8, 2016
Scroll down a bit for the full brief; a notice of errata precedes it.

ETA: National Center for Public Policy Research Brief: Tobacco On Trial » Blog Archive » NICOPURE v FDA: AMICUS BRIEF by NATIONAL CENTER FOR PUBLIC POLICY RESEARCH, TECHFREEDOM, Aug 5, 2016

 

[Buckeyevapen]

Thank you for sharing the link. Any law folks out there who could translate?

 

[LittleBird]

Thank you for sharing the link. Any law folks out there who could translate?

In a nutshell, the briefs say:

- Congress, through the Tobacco Control Act (TCA), wanted FDA to reduce smoking and aid smoking cessation. vaping reduces smoking, helps with smoking cessation and is relatively safe, as compared to smoking. FDA even agreed vaping might be safer. FDA then ignored all scientific evidence that supports the "vaping is safer" position, including the study done by Royal College of Physicians that demonstrates how vaping supports the objectives of the TCA. FDA did a bad thing; deeming should be overturned.

- FDA has to do a detailed cost benefit analysis (CBA) on the impact of their rules. Among other things, they have to consider impact to public health and impact to small businesses. FDA's CBA on deeming is woefully inaccurate. FDA did a bad thing; deeming should be overturned.

 

[Buckeyevapen]

In a nutshell, the briefs say:

- Congress, through the Tobacco Control Act (TCA), wanted FDA to reduce smoking and aid smoking cessation. Vaping reduces smoking, helps with smoking cessation and is relatively safe, as compared to smoking. FDA even agreed vaping might be safer. FDA then ignored all scientific evidence that supports the "vaping is safer" position, including the study done by Royal College of Physicians that demonstrates how vaping supports the objectives of the TCA. FDA did a bad thing; deeming should be overturned.

- FDA has to do a detailed cost benefit analysis (CBA) on the impact of their rules. Among other things, they have to consider impact to public health and impact to small businesses. FDA's CBA on deeming is woefully inaccurate. FDA did a bad thing; deeming should be overturned.

Awesome. Thank you for the translation. Odds that a judge agrees?

 

[LittleBird]

Awesome. Thank you for the translation. Odds that a judge agrees?

On the one hand, I'm hopeful. On the other, the odds always favor the house.

Write to your congressmen. Again and again. Ask everyone you know to write. Donate to the lawsuit, if you can. Actions such as these may increase the odds.