Lost art lawsuit against FDA
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" Lost Art Liquids' suit challenges FDA's purported authority to deem and regulate e-liquids and other vapor products as "tobacco products" under the tobacco Control Act and asserts claims against FDA for violations of the Regulatory Flexibility Act, the 1st and 5th Amendments, and the Administrative Procedures Act. "
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"We are disappointed that the FDA continues to confuse and conflate vapor products with tobacco"
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"Lost Art Liquids' Complaint alleges that FDA's regulation of vapor products is illegal in that it exceeds the very limited and specific scope of authority Congress granted FDA to regulate "tobacco products" under the Tobacco Control Act in 2009."
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"Vapor products are technology products, not tobacco products,"
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"The legislative history and factual findings that serve as the predicate to the Tobacco Control Act make clear that Congress never intended to give FDA authority to regulate vapor products when it enacted the Tobacco Control Act in 2009. It was created to regulate products like cigarettes and smokeless tobacco, not vapor," he continued."
" Lost Art Liquids' suit challenges FDA's purported authority to deem and regulate e-liquids and other vapor products as "tobacco products" under the tobacco Control Act and asserts claims against FDA for violations of the Regulatory Flexibility Act, the 1st and 5th Amendments, and the Administrative Procedures Act. "
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"We are disappointed that the FDA continues to confuse and conflate vapor products with tobacco"
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"Lost Art Liquids' Complaint alleges that FDA's regulation of vapor products is illegal in that it exceeds the very limited and specific scope of authority Congress granted FDA to regulate "tobacco products" under the Tobacco Control Act in 2009."
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"Vapor products are technology products, not tobacco products,"
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"The legislative history and factual findings that serve as the predicate to the Tobacco Control Act make clear that Congress never intended to give FDA authority to regulate vapor products when it enacted the Tobacco Control Act in 2009. It was created to regulate products like cigarettes and smokeless tobacco, not vapor," he continued."
The document is on their farcebook, er, facebook page. Case number is 2:16-cv-03468. Not listed on Plainsite.org yet.
I knew my Farcebook account had to be good for SOMETHING. But sheesh, that's an annoying way to read a 27 page filing -- 27 separate images. Summary:
FIRST CAUSE OF ACTION: Violation of the Regulatory Flexibility Act 5. USC 601
SECOND CAUSE OF ACTION: Violation of the APA - FDA's Unlawful Cost Benefit Analysis
THIRD CAUSE OF ACTION: Violation for the First and Fifth Amendments
FOURTH CAUSE OF ACTION: Violation of APA - Abuse of Discretion
Oh, and I found a PDF here:
Lost-Art-Lawsuit.pdf
Can't wait to see these cases get their day (probably more like several months) in court
I read it, not that long. Lost Art argues that the FDA failed to exercise it's authority properly. I hope that's true. I wonder how many lawsuits there will be. I wonder if consumers can sue to protect their interests separate from businesses. I suspect not which is ironic because even though vaping is a vital part of my life the only vape specific thing I buy from an american company is nic and after one more buy I won't need to do that for at least 10 years.
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