Nicopure Labs LLC, a leading American e-liquid manufacturer, has become the first company to submit a legal challenge to the Food and Drug Administration’s decision to regulate e-cigs like traditional tobacco products.
It was announced on Tuesday that that Nicopure Labs LCC had submitted a lawsuit to the federal district court in Washington, D.C. to challenge the “deeming” rule.
On Thursday, it was revealed that the FDA was to regulate the e-cig industry under the 2009 Family Smoking Prevention and Tobacco Control Act, despite heavy criticism from numerous political figures and the vaping community.
Nicopure’s case is spearheaded by its claim that the FDA’s rule violates the Administrative Procedure Act and the regulation trespasses the First Amendment.
Jason del Giudice, the Chief technology officer and co-founder of Nicopure, was particularly scathing.
“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.”
Under FDA regulation, manufacturers must put health warnings on packaging and advertising, e-cig sale to under 18s will be prohibited and any e-cigarette product released since February 2007 must face a scrupulous federal review.
Many industry insiders have claimed that the latter could wipe their businesses out as most of their products were released in 2009. The FDA is, at least up to now, unmoved, but the legal challenge from the American e-liquid company could change that.
Fortem Ventures, creators of the hugely successful e-cig brand blu, haven’t ruled out similarly challenging the FDA’s ruling. Their senior vice president, Marc Michelsen said they’re considering their options.
A recent study found that the majority of Americans back e-cig regulation.