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Five US States Stand Up Against The FDA

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Estimated 3 min read

January 30th 2018. Vape store owners are fighting back and joining forces to take on the FDA.

This collective of business owners – who have multiple shops located in Michigan, California, Minnesota, North Dakota, and Texas (God bless Texas) – are standing up against the so-called “Deeming Rule” that deems e-cigarettes to be tobacco products.

The group of shops have enlisted representation of the Pacific Legal Foundation conservative legal group, and have filed lawsuits in federal courts in Texas, Minnesota, and Washington, D.C. in the hopes that this on-going fighting will subside and they can get on with business as usual.

Kudos to these American shop owners for standing up against those who stand up against them.

PLF (non profit) was established for the purpose of defending and promoting individual and economic freedom in the courts.

Again we are faced with the comparison between tobacco and e-cigarettes. A comparison that infuriates reformed smokers and the retailers who supply and educate those wishing to make the life saving transition to a healthy smoke free life.

Let’s spell it out simply. One is carcinogenic smoke, and the other is not.


One has to agree that this 2016 deeming rule is extremely unconstitutional, as it was issued by a career FDA employee rather than an officer appointed by the president. Yes you heard right, a person with little to no authority was able to set the standards that affects millions of Americans.

Thomas Berry, a lawyer with PLF said:

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

As usual, the FDA declined to comment on the issue, so we can only suggest that they must be as speechless as the rest of us over such ludicrous comparisons that place e-cigarettes, cigars, pipe tobacco and hookah tobacco under the same umbrella of rules for cigarettes and smokeless tobacco.

We are continuing to see this happen all over the world. People being denied the freedom of choice to consume alternative, less harmful nicotine products such as e-cigarettes instead of being forced to continue smoking traditional cigarettes.

When is the line going to be drawn between these two extremely different products?

Education is key for the vaping industry, and the men and women on the forefront are being threatened on a daily basis to help those who need it most.

If there was a smoking alternative that was proven to be 5% better for you, would you make a switch? Because it’s already been proven that vaping is 95% less harmful than smoking and it’s still being ignored.

A change needs to be made to these outdated rules. New customers should have advertising campaigns made available to them in the hopes to promote the differences between smoking and vaping.

Yet, we continue to see more and more advertisements glorifying sugar, fast food, patches and pharmaceuticals. They get all the air time and they are killing people at a much higher rate.

You decide, who are the bad guys here?


FDA DEEMING regulations



Currently based in Sydney Australia. Ex-Smoker who has spent the last 3 years heavily involved in the vape industries of the USA, UK, and Australia.. Get In touch, Ryan@vapetrotter.com

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