US Court Backs FDA Authority to Regulate Vaping Products
A US appeals court backed the FDA’s authority to regulate vaping products, rejecting challenges from Nicopure Labs and the Right to be Smoke-Free Coalition.
According to reports from Bloomberg and Reuters, the U.S. Court of Appeals in Washington, D.C. has upheld the authority of the U.S. Food and Drug Administration (FDA) to regulate vaping products.<\/div>
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The FDA's authority was challenged by e-cigarette manufacturer Nicopure Labs and the Right to Be Smoke-Free Coalition (RSFC), who argued that the FDA violated the Federal Tobacco Control Act by failing to provide a simpler pathway for market access for their products and by banning the distribution of free samples, which they claimed infringed on their First Amendment rights.<\/div>
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U.S. Court Supports FDA's Authority to Regulate Vaping Products<\/div>
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Recently, a panel of three judges unanimously agreed that the FDA's application process for tobacco products in the e-cigarette industry is reasonable, as these new products "undoubtedly have a high potential for addiction and pose health risks, especially to young people."<\/div>
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U.S. Circuit Court Judge Cornelia Pillard wrote in court: "The First Amendment does not prevent the FDA from banning the sale of e-cigarettes unless manufacturers can prove that e-cigarettes are indeed safer than claimed."<\/div>
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Despite the FDA's victory, the agency still faces strong opposition from trade organizations and conservative activists, who expect the FDA to implement restrictions on e-cigarette flavors.<\/div>
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Opponents argue that flavor restrictions will stifle the nascent e-cigarette industry and kill thousands of jobs and small businesses.<\/div>
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