The Pacific Legal Foundation (PLF), which litigates on behalf of Americans to protect their constitutional rights and individual liberties, has launched a multi-pronged legal attack against the U.S. Food and Drug Administration (FDA) on behalf of a number of small business owners operating in the vaping industry.
In a press release, the PLF described a number of vape businesses that they’re representing, all free of charge, and the regulatory issues that they’re facing as a result of federal regulations imposed on the industry by the FDA. These regulations, by their account, come in part as a result of a decision made by a career bureaucrat with the FDA, Associate Commissioner for Policy Leslie Kux, that makes vaping subject to the Tobacco Control Act regulating tobacco products.
As the PLF noted in a press release announcing their newly launched legal assault on the FDA’s vape regulations, vaping doesn’t necessarily involve tobacco, or nicotine for that matter. To explain, some vape users vaporize blends that contain no nicotine. Nicotine is the chief active constituent of tobacco. As some vapers are vaping nicotine-free blends, the PLF calls into question the logic behind Kux’s decision to order vaping be regulated under the Tobacco Control Act.
By PLF’s account, such an “arbitrary edict” imposed by Kux has resulted in requirements for some small vape businesses that are stifling their ability to operate. These FDA imposed requirements for vape companies, according to PLF, translate into hundreds of thousands of dollars in costs and years of regulatory hurdles that a company must jump through before they can introduce a single e-liquid product to the U.S. marketplace.
In addition, companies who want to advertise the potential benefits of vaping must first have their advertisements reviewed and approved by the FDA, regardless of how true their statements might be. By the PLF’s account, regulating vape advertising in this regard disregards the First Amendment as it prevents companies from advertising truthful information about vaping without first receiving FDA approval.
Steven D. Anderson, the president and CEO of PLF, indicated in a statement that the PLF looks “forward to disentangling the American people from the web of illegal regulations that have ensnared them and proscribed their prosperity for far too long.”
“PLF’s mission includes challenging unaccountable regulators who wield power they do not constitutionally possess. We look forward to disentangling the American people from the web of illegal regulations that have ensnared them and proscribed their prosperity for far too long.”