“SURPRISE SWITCHEROO” | Industry Legal Challenge to FDA Denial Orders | RegWatch

[Vapeon4Life]

Here an important lawyer from a law firm defending the vape industry tells what is happening now:



"The fight to save vaping in the United States appeared almost over when FDA issued Marketing Denial Orders to over 300 vaping product manufacturers, thus requiring more than 5-million vaping products to be taken off the market. But dozens of vape companies fought back, launching legal action against FDA. Today on RegWatch, hear from Eric Heyer, partner at the law firm Thompson Hine and litigator behind many of the court challenges on behalf of major U.S. vape manufacturers. Learn why several vape companies have been granted judicial stays on their Marketing Denial Orders, which means these producers can continue to sell their vape products while lawsuits remain active. Could the industry stave off disaster? Find out."

 

[zoiDman]

I'm so Glad that Califf is back.

Maybe Now he can get around to answering Sen. Johnson's letter which he Never Did when he was running the FDA.

https://www.hsgac.senate.gov/imo/media/doc/2016-05-17 RHJ to Califf (FDA) re e-cigarette regulation (4).pdf

 

[Vapeon4Life]

Just found this legal group - Apparently non-profit, and is already engaged in fighting the FDA over vaping regulations.

Why We’re Suing the FDA for Its Unconstitutional Vaping Rule




Pacific Legal Foundation
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About Pacific Legal Foundation Pacific Legal Foundation is the oldest and most successful public interest legal organization that fights for property rights, personal liberties, and government accountability. PLF represents all clients free of charge. Website: http://www.pacificlegal.org/ Blog: http://blog.pacificlegal.org/ Facebook: https://www.facebook.com/PacificLegal... Twitter: https://twitter.com/PacificLegal

 

[zoiDman]

Yeah... I remember when discussion of the FDA's Deeming being Invalid because of an Appointments Clause Violation was a Huge Topic. Especially in the "Deeming Thread". Back when the Deeming thread actually talked about Deeming Related things.

Unfortunately, the Court didn't seem to feel that there was a Violation.

Vaping Litigation | Pacific Legal Foundation

And then there was Renewed Hope when this and another Similar Case were Petitioned before the Supreme Court. Unfortunately (again), that hope was Short-Lived when the Supreme Court Refused to Hear either case.

Supreme Court Won’t Hear Latest ENDS Industry Challenges to FDA Regulation

 

[zoiDman]

Yeah... I remember when discussion of the FDA's Deeming being Invalid because of an Appointments Clause Violation was a Huge Topic. Especially in the "Deeming Thread". Back when the Deeming thread actually talked about Deeming Related things.

Unfortunately, the Court didn't seem to feel that there was a Violation.

Vaping Litigation | Pacific Legal Foundation

And then there was Renewed Hope when this and another Similar Case were Petitioned before the Supreme Court. Unfortunately (again), that hope was Short-Lived when the Supreme Court Refused to Hear either case.

Supreme Court Won’t Hear Latest ENDS Industry Challenges to FDA Regulation

BTW - Talk about coming around Full Circle. From the above link...

"The DC Circuit agreed with FDA that the Rule’s ratification by principal officers cured any defects with Kux’s promulgation of the Rule. The Rule was first ratified by previous FDA Commissioner Robert Califf, ..."

LOL