CSP: Court Upholds FDA Authority to Regulate E-Cigarettes, Nicotine Vapor Products

[LoveVanilla]

Court Upholds FDA Authority to Regulate E-Cigarettes, Nicotine Vapor Products

On June 25, the U.S. Circuit Court of Appeals for the Fifth Circuit upheld the U.S. Food and Drug Administration’s authority to regulate deemed tobacco products, specifically electronic cigarette/nicotine vapor products.

On Aug. 19, 2019, Big Time Vapes Inc. and the United States vaping Association Inc. sued the FDA in a Federal District Court in Mississippi, seeking a declaration that the TCA’s delegation of authority to the FDA to regulate tobacco products it deemed subject to the TCA was invalid.

They claimed primarilythat the TCA unconstitutionally delegated to the secretary of Health and Human Services and the FDA, which is overseen by the secretary, the power to deem other tobacco products to be subject to the TCA’s mandates and regulations.

Specifically, the plaintiffs requested the court to declare that Section 901 of the TCA violated the non-delegation doctrine under the U.S. Constitution and issue an injunction preventing the FDA from enforcing the TCA against them and electronic nicotine products. The District Court ruled against the plaintiffs, who then appealed to the U.S. Fifth Circuit Court of Appeals.

 

[Katya]

Plaintiffs could seek review of decision?

Oy....

 

[zoiDman]

This is Disappointing.

But Not Unexpected.

 

[somdcomputerguy]

Plaintiffs could seek review of decision?

Of course they can. The courts decision most probably won't change, and the courts get to make more $, for processing fees and whatnot.