Nicopure Labs, a U.S.-based manufacturer of e-liquids, has filed a lawsuit against the U.S. Food and Drug Administration (FDA) over its vaping regulations, which, by their account, subjects vaping products to restrictions that are “more onerous” than those imposed upon cigarettes under the Tobacco Control Act.
While the company has challenged the FDA’s deeming rule subjecting e-cigs and other vaping products to rigorous regulations, the company’s CTO and co-founder, Jason del Giudice, is quick to note that Nicopure Labs is “committed to responsible manufacturing based on superior product standards and stringent quality requirements.” In fact, by his account, they themselves “are determined to drive the industry to the highest standards of quality and innovation.”
“We are committed to responsible manufacturing based on superior product standards and stringent quality requirements. FDA’s rule does not protect the consumer from low quality products; instead, it places a disproportionate and unjustified regulatory burden on compliant companies such as ourselves, who are determined to drive the industry to the highest standards of quality and innovation.”
In their company’s court filings against the FDA, Nicopure alleges that the FDA’s rule-making process not only violated the Administrative Procedure Act, but their deeming rule itself is a violation of the U.S. Constitution’s First Amendment, which is why the company turned to the U.S. justice system to, as Nicopure COO Patricia Kovacevic put it in a statement, protect their rights and those of their customers because they believe in the justice system’s “fairness.”
“Today we turn to the justice system to protect our rights and the rights of our customers because we believe in its fairness (…) The government’s role is not to regulate for the sake of regulation; regulation must be based on sound science and robust procedure, and it must accomplish certain public health goals.”
Nicopure Labs, LLC is a Tampa, Florida-based e-liquid manufacturer with operations in both the United States and Europe. They are, by their own account, not affiliated with any tobacco company.
While Nicopure has filed lawsuit against the FDA over their regulatory efforts as they pertain to the vaping industry, they’re certainly not the only ones to challenge the FDA’s vape regulations as the Pacific Legal Foundation, as an example, is also engaged in a legal battle with the FDA over their vape regulations. And then there’s the Stop the Vape Ban coalition which too has taken action to fight against the FDA’s vape regulation.
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