Tuesday, June 21, 2016

Right to be Smoke-Free Coalition files lawsuit on behalf of vapor industry



Yesterday, June 20th, 2016, the Right to be Smoke-Free Coalition filed a lawsuit on behalf of the vapor industry challenging portions of FDA’s Deeming Regulation and the Tobacco Control Act on various constitutional and administrative grounds.


Although not named parties in the complaint, CASAA along with the Smoke-Free Alternatives Trade Association (SFATA), SEVIA USA, and Not Blowing Smoke (NBS) have pledged support of this lawsuit.




The named parties in the lawsuit are:


  1. Right To Be Smoke Free Coalition (www.r2bsmokefree.org)
  2. American E-Liquid Manufacturing Standards Association (www.aemsa.org)
  3. American Vaping Association, Hoboken, New Jersey (http://vaping.info/)
  4. Electronic Vaping Coalition of America, New Berlin, Wisconsin (http://evapingcoalition.org/)
  5. Georgia Smoke Free Association, Fort Oglethorpe, Georgia (http://www.gasmokefree.org/)
  6. Kentucky Vaping Retailers Association, Inc., d/b/a Kentucky Smoke Free Association, Louisville, Kentucky (http://www.kysmokefree.com/)
  7. Louisiana Vaping Association, Chalmette, Louisiana (http://laecr.org/)
  8. Maryland Vape Professionals, LLC, Baltimore, Maryland (https://vape-professionals.myshopify.com/)
  9. Ohio Vapor Trade Association, Miamisburg, Ohio (http://www.ohvta.org/)
  10. New Jersey Vapor Retailers Coalition, Roseland, New Jersey (http://www.njvaporcoalition.org/)
  11. Tennessee Smoke Free Association (http://tnsmokefree.org/)  

Click here to read the full complaint.
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Count I - Violation of Administrative Procedure Act – Grandfather Date
Count II - Violation of Administrative Procedure Act – Pre-market Authorization Process
Count III – Violation of Due Process and Equal Protection Clauses – Tobacco Control Act
Count IV – Violation of First Amendment and Administrative Procedure Act – Ban on Free Samples
Count V – Violation of First Amendment and Administrative Procedure Act – Modified Risk Tobacco Products
Count VI - Violation of Administrative Procedure Act – Definition of “Tobacco Product” and Application to ENDS
Count VII – Violation of Regulatory Flexibility Act – Unlawful Cost/Benefit Analysis
Count VIII – Violation of Administrative Procedure Act - Unlawful Cost/Benefit Analysis
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