June of last year RegWatch brought you the story of a longshot legal challenge against the U.S. Food and Drug Administration by Big Time Vapes, a Mississippi vape shop and e-liquid manufacturer, and the United States vaping Association (USVA).
The lawsuit argues Congress ceded too much authority to the executive branch when it passed the Tobacco Control Act of 2009, an authority used by the FDA to deem vaping products to be a tobacco product.
The original complaint was dismissed in U.S. District Court in 2019, and since our last coverage, the suit failed on appeal. However, it’s not over until it’s over and that leaves the U.S. Supreme Court.
