New Vaping Trade Group Asks Court To Strike FDA’s Deeming Rule

A vaping product manufacturer and a newly formed trade association representing the vaping industry are asking a federal court in Mississippi to overturn FDA’s deeming rule so that the agency no longer has authority to regulate electronic nicotine delivery system (ENDS) products, including e-cigarettes. The plaintiffs argue HHS established FDA’s authority over vaping and hookah products based on “standardless discretion,” which violates the Constitution. The plaintiffs, Big Time Vapes and United States Vaping Association (USVA), argue the deeming rule cannot...