E-Vapor Coalition challenges FDA

On behalf of the Right to be Smoke Free Coalition and 10 vapor-industry trade associations (the “E-Vapor Coalition”), Keller and Heckman has filed a motion for summary judgement in a lawsuit challenging parts of the Tobacco Control Act (TCA) and the Food and Drug Administration’s (FDA) recently published deeming rule .

The plaintiffs named in the E-Vapor Coalition lawsuit are:

• The Right to be Smoke Free Coalition
• The American E-Liquid Manufacturing Standards Association
• The American Vaping Association
• The Electronic Vaping Coalition of America
• The Georgia Smoke Free Association
• The Kentucky Smoke Free Association
• The Louisiana Vaping Association
• The Maryland Vape Professionals
• The Ohio Vapor Trade Association
• The New Jersey Vapor Retailers Coalition
• The Tennessee Smoke Free Association

Also supporting the lawsuit are the Shenzhen E-Vapor Industry Association-USA, the Smoke-Free Alternatives Trade Association, the Consumer Advocates for Smoke-Free Alternatives Association and NOT Blowing Smoke.

Filed on June 20, 2016, in the U.S. District Court for the District of Columbia, the E-Vapor Coalition lawsuit has been consolidated with the lawsuit that was filed on June 28 by Nicopure Labs in the same court.

Following consolidation, the parties agreed to a briefing schedule that allowed Nicopure Labs to file its Motion for Summary Judgment on July 8, 2016, and the E-Vapor Coalition to file a separate summary judgment motion on its unique counts on July 25, 2016 (while incorporating by reference all of Nicopure Labs’ arguments).

The FDA has until August 16, 2016—eight days after the deeming regulation becomes effective—to respond to both motions. All briefing will be completed by Sept. 8, 2016, and oral arguments have been scheduled for Oct. 19, 2016 at 10 AM eastern time in Washington, D.C.

Click here for more information on the lawsuit.