With FDA poised (yet again) to deliver a death blow to the U.S.
vaping industry via its Pre-market Tobacco Application process, a lawsuit championed by Big Time Vapes Inc. and the United States
vaping Association Inc. could stave off disaster if the plaintiffs successfully argue, before the Fifth Circuit Court of Appeals, that 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 subject to FDA regulation.