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Unconstitutional Deeming Regulation to Face Lawsuit

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Pacific Legal Foundation - Unconstitutional Deeming Regulation fight

The Pacific Legal Foundation have entered the fight against the FDA in a big way

“The Food and Drug Administration (FDA) stepped in with a rule that deems e-cigarettes as tobacco products, and brand new, severe regulations that will only harm the industry and perhaps overall public health—contrary to the agency’s very mission.”

I couldn’t agree with them more! For an agency which is supposedly only there in the interest of public health to effectively ban a harm reduction product against scientific evidence without providing any of their reasoning or any background information as to how they reached the conclusion that the deeming regulation was warranted is absolute insanity.

“Rule-makers need to follow the rules: Under the Constitution, issuing regulations is the job of appointed officials who answer to the democratic process, not unelected career bureaucrats. This vaping rule was issued by such a bureaucrat in violation of the Constitution.”

“The vaping edict flouts the First Amendment by forcing businesses to run a daunting regulatory gauntlet in order to advertise truthful information. The government can’t require pre-approval for truthful speech, and it especially can’t shift the burden of proof to the speaker to prove the benefits of his speech will outweigh any harms the government perceives may result.”

“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.”

Read more about their efforts and their fight with the FDA either in Ryan Gelbart’s article “Five US States Stand Up Against The FDA” or on the Pacific Legal Foundation’s website.

Currently located in Sydney, Australia, I have been vaping since 2009 and became active in the e-cigarette industry in late 2015. Since then I’ve had the pleasure of visiting over 700 shops in 6 countries.

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