September 25, 2018

Remember back in May of this year we wrote about an ongoing call-to-action to help fund a lawsuit that directly challenges the FDA's Deeming Rule?  Do you also remember that between BLVK Unicorn and several interested parties spanning from manufacturers to regular vapers, the necessary capital was raised in less than a week?  If not, go and catch up here.  In case you were already aware, we're proud to announce that an update is here regarding the lawsuit!

According to an interview conducted by VAPE News and lead counsel, Azim Chowdhuryof Keller & Heckman, LLP, here are three summarized points stemming from NicoPure Labs' position:

  1. The U.S. Food & Drug Administration's Deeming Rule violates the First Amendment when it comes to Modified Risk Tobacco Product claims.  According to arguments on behalf of NicoPure Labs, the FDA infringes on what is considered and not considered to be a Modified Risk Tobacco Product despite an increasingly obvious amount of scientific evidence that demonstrates that vapor is, in fact, a significantly less harmful nicotine delivery mechanism than that of combustible tobacco products.
  2. The U.S. Food & Drug Administration's Deeming Rule violates the First Amendment again in regards to the prohibition of sampling vapor products, specifically in vapor product retail locations.  The argument here is that to prohibit an integral part of sourcing products for consumers, the FDA is systematically removing the right for a consumer to make an informed choice about a product or group of products.  Since the FDA exists to protect and promote public health, this particular point also sounds like a no-brainer.
  3. The U.S. Food & Drug Administration's Deeming Rule oversteps the jurisdiction of regulation by the agency with regard to the Administrative Procedures Act.  The Administrative Procedures Act was originally passed in 1946 as a regulatory measure to limit the influence a government agency has over the population.  NicoPure Labs claims that the FDA has overstepped - and I'm more than certain that that claim is popular opinion among those in the American vaping community.

We'll update our blog as more information is revealed about the ongoing suit.  Until then, we hope for the best!


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