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.
Case moved to the Appeals Court
On the other hand, the FDA 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. Sadly last July, Judge Amy Berman decided in favour of the agency.
Following this, attorneys Keller and Heckman along with numerous plaintiffs, have moved the case on to the appellate court, and there is a big chance that the case is moved on to the U.S. Supreme Court.
At this point, the money to support this case is running low and therefore a Go Fund Me page has been set up. The following is a note from the founders of the initiative explaining why everyone’s support is needed.
#FUNDtheSUIT to Fight the FDA Deeming Regulations
Dear Vapers,
We all know “the suit” — Nicopure and Right to be Smoke-Free vs. FDA. It’s one of many facets of the ongoing war to save vaping. But right now, it’s a struggle, and one of our lasts hopes.
After an ugly, but not totally unexpected, decision in favor of FDA in July 2017 at the district court level, attorneys Keller and Heckman along with numerous plaintiffs, have moved the case on to the appellate court. You can read about the appeal here. Without a substantial win at this level, the case could move on to the U.S. Supreme Court.
This is where the difficulty arises. Federal lawsuits are not cheap. Federal lawsuits against government entities get even more expensive. And right now, the money is drying up.
The outstanding bill for this suit is rising by the day as the fight continues.
In order to pay for the hard work done so far, and to see the appeal all the way through – possibly to the Supreme Court – will conservatively cost $250,000 in legal fees, time, filings, preparations and a variety of other items.
We, as an industry, cannot afford to let this lawsuit slip through the cracks.
So today we come to you asking for help.
We at VAPE News Magazine/VAPENews.com have partnered with Grimm Green and others to organize this grassroots-style fundraiser to help keep this moving forward.
We are asking the businesses in this industry – manufacturers, distributors and retailers –to step up to the plate. This is YOUR industry that is on the line, and we need YOU to take the lead funding this lawsuit.
With that said, this is not your average fundraiser. ALL funds donated are being routed directly to one issue — the Right To Be Smoke Free litigation fund, with the exception of a 3% and .30-cent per transaction GoFundMe fee. THERE ARE NO MIDDLEMEN. ALL money collected will be used to fund the lawsuit.
What you give goes DIRECTLY to ensuring that the lawsuit can continue.
MANUFACTURERS: First, donate! This lawsuit will directly impact you and your ability to continue to do business. We have included in the linked graphics folders are leaflets, and other items that could be included in your outgoing orders. Any way possible you can help is greatly appreciated. Again, in the end it comes down to dollars and no donation is too small.
SHOPOWNERS: Please contribute! We need vape shop owners around the country to unite! We are also working with Saffire Vapor to create a comprehensive package that can be used to promote the suit in your store. Any way you can give and help spread the word is appreciated.
CONSUMERS: We simply ask that you share this link with the larger companies that you patronize. Please share it on their social media accounts, by email, or even a quick call. Also, consider sharing with the shops you do business with and ask them to forward to their suppliers. Of course, if you would like to donate as well, we sincerely thank you for any amount you can give!
Please share this EVERYWHERE — and OFTEN. If you can give (no matter the amount), we sincerely thank you.
Linked here is a Google Drive folder containing images of ALL sizes relating to this fundraiser. Use in any way you see fit. We need them placed on websites, social media feeds, emails, posters, banners, rotating on televisions in your stores. Click here to download.
Thank you in advance for your time and donations. Let’s fight. And let’s WIN this thing.
Help us #FUNDtheSUIT
