Back in May 2016, Nicopure Labs LLC had announced that it would challenge the FDA’s deeming rule that would subject electronic cigarettes and other vaping products to more onerous restrictions than combustible cigarettes under the Tobacco Control Act.
Nicopure had stated that the FDA’s rulemaking process had violated the Administrative Procedure Act (APA) and the deeming rule violates the First Amendment to the United States Constitution, one of the ten amendments of the Bill of Rights (December 15, 1791).
“We fully support reasonable regulation that protects consumers, accomplishes the public health priority to reduce the grave harm caused by conventional cigarette smoking, and allows businesses to survive and innovate for a greater public health vision for our society as a whole.” had said Nicopure CEO Jeff Stamler at the time.
What are ‘tobacco products’ ?
Nicopure Labs have been arguing that since the FDA’s authority extends to tobacco products, those items that are not “made or derived from tobacco,” (such as e-liquids containing synthetic nicotine, or nicotine-free e-liquids ), should not be regulated as such.
Judge Amy Berman decided in favour of the FDA’s argument. The agency insists that since the tobacco act allows it to regulate “parts” and “components” of tobacco products, it’s authority could extend to e-cigarettes, open-system devices, and nicotine-free fluid that could be mixed with nicotine-containing type.
A Loss for Public Health
Many anti-smoking experts will consider this as a loss for Public Health. Contrary to the UK, where vaping products have been endorsed for smoking cessation leading to a significant decrease in smoking rates, the US insists on demonizing the products and regulating them as their deadly counterparts.
More info : The Washington Post
