us vape shops sue fda

Legal Team Says Vaping Is NOT A Tobacco Product!

Vape lawyers are gearing up in an attempt to remove vaping from the FDA’s so called Deeming Rule as they believe it’s unconstitutional.

The bottom line here is quite simply vaping and vape gear [including e-liquids] should never have been classed as ‘tobacco products’ – something we all constantly seem to be shouting!

Not only that the legal team say the current legislation was brought in by a permanent employee of the FDA and NOT an official appointed by the President of the USA which they believe is also unconstitutional.

The legal actions also claim that under the current regulations vape shop employees are NOT allowed to discuss the health benefits of e-cigarettes to smokers who are desperate to quit.

This says the lawyers is also unconstitutional as it impinges on ‘freedom of speech’ – so a triple whammy of law suits!

Vaping hit America over a decade ago and as more smokers realized they could quit the cancer sticks it quickly grew into a booming $5billion business with many so called ‘mom and pop’ vape shops opening up across the US.

In 2009 the Federal Drugs Administration finally took a look at regulating the blossoming and vibrant vape industry and with the backing of Congress and with one stroke of a pen included it within the Tobacco Control Act.

The costs surrounding complying with all of the new FDA legalese meant the end for many smaller vape shops and companies and is something that vaping advocacy and pressure groups across America hoped would change with the election of Donald Trump and the appointment of Scott Gottlieb as FDA commissioner.

Gottlieb is a cancer survivor and once held shares in a vaping business and recently pushed back any decisions of the future of new vaping regulations in the USA until 2021.

Five Separate Law Suits Across America

The coordinated legal action is being taken on behalf of vape shops in five US states: California – Michigan – Minnesota – North Dakota – and Texas and is being led by the Pacific Legal Foundation that has put together a seven strong team of lawyers.

pacific legal foundation

A detailed statement on their websites includes a list of the vape shops and indeed reasoning behind the law suit:

On behalf of small vape business owners and harm reduction clients, PLF has taken the bold and unique step of filing three lawsuits in three different federal courts—at the same time—asking the courts to find the Deeming Rule unconstitutional under the Appointments Clause and the First Amendment, and to stop the rule’s enforcement.

In the U.S. District Court for the Northern District of Texas, PLF represents Joosie Vapes, owned by Denissa Moore and her husband, Larry Moore, Jr. Denissa used to smoke two packs a day, and tried to quit by using Chantix, nicotine patches, and even hypnosis.

None of these were successful. She then turned to vaping and quit smoking after just a year.

In the U.S. District Court for the District of Minnesota, PLF represents five clients: Jen Hoban (pictured above), owner of Masterpiece Vapors, the Plume Room, J.H.T. Vape, Lakes Vape Supply, and Tobacco Harm Reduction 4 Life (THR4Life), a nonprofit organization.

In the U.S. District Court for the District of Columbia, PLF represents four businesses in three states:

Steve Green, owner of Mountain Vapors (California), was a 2+ pack a day smoker for 30 years who doctors warned was developing emphysema.

A few years ago, his wife was given a vaping pen from a friend, which he tried and quit smoking that same day.

Kimberly Manor founded Moose Jooce in Michigan, after her late husband passed away from lung cancer.

PLF also represents Rustic Vapor in Michigan and Dutchman Vapors in North Dakota.

One of the team lawyers – Thomas Berry said:

These regulations don’t just harm small businesses and consumers, they undermine constitutional safeguards for individual liberty.

The FDA has so far declined to comment which I guess is pretty usual during ongoing litigation.

“The Vaping Rule Is A HORRIBLE Policy”

If this law suit is successful it goes without saying it will be a watershed moment for vaping and vape businesses in America.

I don’t know much about law or indeed the American constitution but just from what I’ve seen so far the legal team has on paper at least a pretty good case.

One thing I do know is America and indeed it’s politicians and legal system – on the whole – takes any ‘abuse’ of the constitution seriously – like I said this could be a watershed moment in vaping in America.

The Pacific Legal Foundation team makes it very clear how they feel vaping has been treated in America:

Beyond violating the Constitution, the vaping rule is horrible public policy: it threatens to shut down thousands of small businesses that provide potentially life-saving products and creates a public safety hazard by making it very difficult to improve and repair products.

As always we’ll keep you updated on any developments.

You can read the full reasoning behind this Vaping Litigation HERE.

Neil H
I began vaping over 6 years ago and found it easy to give up a 40 per day roll-up habit! DTL: Lost Vape DNA75C BF - Dead Rabbit SQ - MTL: JacVapour Sandstorm DNA 75 + Vandy Vape Berserker...Beater set-up Yosta Livepor 160w + Geekvape Zeus RTA - I'm a former journalist and now a sort of writer and author...I now have a beard - though not a hipster one - mine looks like a dead badgers bum or as I call it 'distinguished'... I'm an Army veteran - adore dogs and never happier than with a good book on a beach.

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