USA: FDA is facing numerous legal challenges

USA: FDA is facing numerous legal challenges

FDA, since the release of its deeming regulations on tobacco products, has been accumulating lawsuits from manufacturers, coalitions of manufacturers, association of consumers and consumers themselves.


The last in date is advertised by the advocacy association CASAA and concerns Right to be Smoke-Free Coalition on behalf of vapor industry.

The industry-led trade association of e-vapor businesses is representing several manufacturers and associations, among which:

  • American e-liquid manufacturing standards association,
  • American vaping association,
  • Electronic caming coalition of America,
  • Georgia smoke-free Association,
  • Kentucky Vaping Retailers Association, INC,
  • Kentucky smoke-free association,
  • Louisiana vaping association,
  • Maryland vape professionals, LLC,
  • New Jersey vapor retailers coalition,
  • Ohio vapor trade Association,
  • Tennessee smoke-free association.

A lawsuit to which CASAA, SFATA, AEMSASEVIA USA and Not Blowing Smoke (NBS) have pledged support on June 21.

This comes in addition to Nicopure Labs, LLC, last May, the first vaping product company to announce their intention to legally challenge the FDA. Then came Lost Art Liquids, LLC  a few days later, John Middleton Co. LLC (subsidiary from Altria), Enrique Fernando Sanchez Icaza and Global Premium Cigars, LLC and a few users like Larry W. Faircloth.

When asked by The Hill if Fontem Ventures, the manufacturer of Blu, would also challenge the rule in court, Marc Michelsen, its vice President said: “we’re not going to rule anything out.” Does that mean that their turnover allows them to disburse the $330,000 per product to go through PMTA? Or is the company in the know of something other independent vaping product manufacturers ignore?