Lawsuits Allege FDA Deeming Rule Violates Constitution, First Amendment

The Pacific Legal Foundation has filed lawsuits on behalf of nine vape businesses and one nonprofit across three district courts, arguing that FDA's deeming rule violates the First Amendment and is constitutionally invalid because the FDA employee who issued the final rule was not legally authorized to do so. The latter argument is unique and if upheld could be used to challenge other FDA regulations, lawyers say. The foundation filed a suit in the Northern District Court of Texas Dallas...