Recently, the FDA has been taking steps in fulfilling its responsibility to regulate popular vaping companies. Vaping has become increasingly popular in the past few years and to their benefit, the industry saw little to no regulation. This allowed these companies to make outrageous claims that had little to no bases in reality. Many of these flavored nicotine vapes were heavily marketed to children. Some are accusing companies of going to schools to promote the “benefits” or the “safety” of their products to children. In reaction to this irresponsibility and a recent outbreak of serious lung disease connected to vaping, the FDA sought to regulate the industry in order to prevent children and young adults from unknowingly harming themselves, and developing a nicotine dependency.
In reaction to these new regulations, vaping interest groups and large tobacco companies fought back against the FDA. At the time of the lawsuit, the FDA was looking into banning flavored vaping liquids from the market. In response, Nicopure Labs and other industry groups sued, saying the FDA violated the federal Tobacco Control Act by failing to provide an easy path to market their products. They go on to claim their First Amendment rights were violated as well by banning the distribution of free samples.
Unfortunately for them, the courts did not see it that way. In the unanimous opinion, the three pannel court agreed; “The First Amendment does not bar the FDA from preventing the sale of e-cigarettes as safer than existing tobacco products until their manufacturers have shown that they actually are safer as claimed.” The court also sighted that these products “are indisputably highly addictive and pose health risks, especially to youth, that are not well understood.”
Harmed by a Manufacturers’s or Seller’s Negligence?
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