The E-Cigarettes Industry Fights Back Challenging the FDA in Federal Court

From: JDSupra Business Advisor

by Ryan BlaneyCozen O’Connor

Days after the publication of the Food and Drug Administration’s controversial final rule regarding e-cigarettes (and other nicotine-delivering products), a company called Nicopure Labs LLC filed a lawsuit challenging it in the U.S. District Court for the District of Columbia.  Nicopure seeks to have the rule vacated and declared unlawful, and has requested a preliminary injunction barring enforcement of the rule and prohibiting the FDA from taking any action under the rule pending resolution of the lawsuit.

Heartland Daily Podcast – Cynthia Cabrera: The FDA’s War on E-Cigarettes and Vaping

From: Somewhat Reasonable | Heartland Institute Blog


In this episode of the weekly Budget & Tax News podcast, managing editor and research fellow Jesse Hathaway talks about the U.S. Food and Drug Administration new  “deeming regulations” for electronic cigarettes, which require e-cigarette manufacturers to submit their products through an arduous federal approval process.

Cynthia Cabrera, president of the Smoke-Free Alternatives Trade Association, the largest e-cigarette and smoke-free alternative trade association representing the interests of manufacturers, online retailers, small businesses, distributors, importers and wholesalers, and someone who the people in Big Tobacco probably find really annoying, joins Hathaway to talk about the new regulations, and how they will affect consumers, both non-smoking and smoking alike.

FDA E-Cigarette Regulation Triggers A Black Market Demand, Angers Business Owners Furious

From: Parent Herald

By Catherine Armecin, Parent Herald


FDA Regulations Force Consumers To Turn To The Black Market

Per the report, with the new FDA regulation, more than 90 percent would turn to the black market. Meanwhile, over one-fifth of vapers who already quit smoking responded that they would turn to cigarettes.

Additionally, 46 percent planned to increase the amount they smoke. This suggests that e-cigarette smokers would continue to use their choice even if they have to breach the law.

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FDA Imposes a Slow-Motion Ban on E-Cigarettes


The agency’s final rule leaves conventional cigarettes on the market while requiring much safer alternatives to meet prohibitive requirements.

Today the Food and Drug Administration (FDA) announced what amounts to a slow-motion ban on e-cigarettes, ignoring the pleas of harm reduction advocates who say it makes no sense to prevent smokers from switching to nicotine products that are indisputably much less hazardous than the ones they are using now. The FDA rule, a preliminary version of which was published two years ago, effectively requires e-cigarette manufacturers to get their products approved as “new tobacco products,” an expensive, arduous, and time-consuming process that will be prohibitive for most, if not all, of them.

As FDA preps e-cigs rules, scientists and Congress rally to support vaping

From: ars technica

Fierce debate erupts as sides fight to protect children and smokers from tobacco.


The 2017 Agriculture Appropriations Bill may not seem like a stirring piece of legislation to most, but it raised quite a few eyebrows last week as it passed through a House subcommittee with a key amendment—one that aims to spare the vast majority of electronic cigarettes from impending federal regulations.

Top tobacco control experts to FDA: Studies of e-cigs suggest more benefit than harm

From: Science Daily

Date: April 25, 2016

Source: Georgetown University Medical Center

Summary: Seven top international tobacco control experts are prompting regulators at the US Food and Drug Administration to have a broad ‘open-minded’ perspective when it comes to regulating vaporized nicotine products, especially e-cigarettes.


“We’re concerned the FDA, which has asserted its right to regulate e-cigarettes, will focus solely on the possibility that e-cigarettes and other vapor nicotine products might act as gateway to cigarette use,” says Levy, a professor in the department of oncology at the Georgetown Lombardi Comprehensive Cancer Center.

FDA E-Cig ‘Deeming’ Rule Imminent

From: | Convenience Store and Fuel News

Tobacco industry expecting final rule this month

WASHINGTON — Tobacco industry and anti-tobacco groups are expecting the U.S. Food & Drug Administration (FDA) this month to release its long-awaited final rule “deeming” whether it can regulate cigars and electronic cigarettes, according to a report by The Hill.

While FDA spokesperson Michael Felberbaum told the newspaper that he did not have any update to share on the timing of the deeming rule’s release, most industry observers believe a final rule is imminent.

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FDA to Rule on Cigars and E-Cigarettes

From: NACS | The Association for Convenience & Fuel Retailing

The long-awaited Food and Drug Administration’s rule to regulate cigar and e-cigarettes is believed to be coming later this month.

WASHINGTON – The Hill reports that the Food and Drug Administration could be ready to release its long-awaited final rule to regulate cigars and electronic cigarettes this month.

Roswell Park tobacco researchers land another $17.7M in funding



Initial findings were reported a year ago at the 2015 Society for Research on Nicotine and Tobacco (SRNT) annual meeting in Philadelphia, with findings published last fall in the Journal of the American Medical Association. Researchers found that 40 percent or more of smokers reported using both cigarettes and other tobacco products, including e-cigarettes; while the majority of young smokers said their first experience with tobacco included trying a flavored product.

The objective of the study is to provide information to support population-based tobacco regulations to reduce the disease burden caused by tobacco.

FDA set to wage war on stogies


Jennifer Graham, Deseret News

Where there’s smoke, there’s cancer, even if it isn’t inhaled.

That’s the position of the U.S. Food and Drug Administration, which is preparing to crack down on cigars because of their health risks, even as a new law makes it easier for Americans to obtain Cuban cigars.

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