CNBC: Trump expected to participate in final meeting before Christmas

[LoveVanilla]

Trump aides hold daily meetings on vaping

...has been holding daily meetings on the issue for over two weeks

President Donald Trump is expected to participate in the final meeting of the year on the public health emergency sometime before Christmas...

White House has been under pressure from both vaping advocates and health groups to take action.

Numerous state attorneys general opened investigations into e-cigarette maker juul

 

[Rossum]

The fact that they're having daily meetings on the subject of vaping is, uhm.. Interesting.

 

[Letitia]

Have to figure out the legalities of killing vaping.

 

[WorksForMe]

The fact that they're having daily meetings on the subject of vaping is, uhm.. Interesting.

It makes me think that they're trying to come up with a solution that will placate both sides.

.

 

[Rossum]

Have to figure out the legalities of killing vaping.

What's to figure out? The Tobacco Control Act empowers the FDA to regulate via PMTA and such. There is hardly any question remaining about this because all the court challenges have been slapped down.

 

[Rossum]

It makes me think that they're trying to come up with a solution that will placate both sides..

I doubt such a solution is possible.

 

[Letitia]

What's to figure out? The Tobacco Control Act empowers the FDA to regulate via PMTA and such. There is hardly any question remaining about this because all the court challenges have been slapped down.

Okay, justification then.

 

[WorksForMe]

What's to figure out? The Tobacco Control Act empowers the FDA to regulate via PMTA and such. There is hardly any question remaining about this because all the court challenges have been slapped down.

I don't know if any of the remaining cases have any chance of winning, but there are a few left.


According to Vaping360:

In the Mississippi federal district court, Big Time Vapes and the United States Vaping Association are challenging the Tobacco Control Act itself, claiming that Congress unconstitutionally delegated its own proper authority away to the FDA. That case is still in progress, with the plaintiffs and FDA trading motions.

The case is based on the doctrine of nondelegation, the legal theory that Congress cannot delegate its own legislative authority to executive agencies (like the FDA). Nondelegation is a popular idea among conservatives who want to limit the authority of unelected bureaucrats. A recent Supreme Court decision, Gundy v United States, indicated that the high court may now be willing to take a serious look at nondelegation.

In the D.C. district, three lawsuits filed by small vaping vendors with the help of conservative/libertarian public interest law group the Pacific Legal Foundation have been consolidated into one. This suit contends that regulations carrying the force of law must be signed by federal employees who have been appointed by the President and confirmed by the Senate. The Deeming Rule was signed by a career civil servant—a similar angle the Big Time Vapes lawyers are pursuing, but not exactly. The PLF suit also challenges the Deeming Rule on First Amendment grounds, claiming the FDA has no right to prevent vape shops from telling their customers the truth about vaping’s relative safety.

In addition to those and other challenges to the Deeming Rule and Tobacco Control Act themselves, the Vapor Technology Association (VTA) has sued to prevent the FDA from enforcing the May 2020 PMTA submission deadline. The new date was imposed by a federal judge in Maryland earlier this year, and in fact the FDA recently announced it too would appeal that decision.

.

 

[Rossum]

Okay, justification then.

You might be on to something there.

They almost had "justification" with the vaping-related lung injuries from unknown causes, but the narrative that the cause was unknown is starting to fall apart, even in the mainstream media.

 

[plumeguy]

Homeland Security has some ideas about where the vaping-related lung injuries may be coming from:

CBS 5 Investigates exposes drug cartel's crude oil, possibly linked to vaping injuries

Illicit market products can produce a great deal of damage in a relatively short period of time.

 

[Sugar_and_Spice]

Lets not forget Trump is all about business and the economy. He does not want the scar of so many shops going out of business and people being put out of work. That is a part of all this also.

jmho

 

[stols001]

I am optimistic. @Rossum you keep saying deeming cannot be undemed? Is that true? I mean an agency can be given jurisdiction over something then have that taken away can't it"? I know it's late, I'm probably confused but didn't deeming come from an executive order of Obama's or whatever?

Also there is the silent, "Do what I want Agency X" technique. Oh wish I had more agencies to say that to.

Anna

 

[Rossum]

didn't deeming come from an executive order of Obama's or whatever?

I'm not aware of anything like that. The Tobacco Control Act gave them the power. It was introduced in 2007 (hence the 2007 grandfather date for tobacco products) and finally passed by Congress in 2009, and then signed into law by President Obama. It's properly passed law, not an executive order.