• August 7, 2020

‘Deeming’ litigation continues

Nicopure Labs and R2B Smoke-Free Coalition are appealing the July 21 court ruling that rejected their challenge to the U.S. Food and Drug Administration’s deeming rule.

“We believe in helping millions of adult smokers battle tobacco addiction through vaping products,” said Jeff Stamler, CEO and co-founder of Nicopure Labs.

“We believe the FDA is doing a massive disservice to public health and we will keep fighting for the vaping industry to ensure these products will continue to help a growing number of people quit tobacco and start a new, smoke-free life.”

The FDA deeming rule subjects vaping products to more onerous restrictions than combustible cigarettes. Nicopure Labs believes the deeming rule violates the administrative procedure act and the first amendment of the U.S. constitution.law

With the deeming rule in place, vaping companies must submit a pre-market tobacco application without any guarantee of approval or timeline of when it may be approved for every product that wasn’t on the market prior to Feb. 15, 2007, which many believe will effectively destroy the industry.

Since it took effect on August 8, 2016, companies haven’t been able to introduce new products, distribute samples, make truthful statements about ingredients not present in the products, or improve their products for consumers.

The appeal has been filed at the U.S. Court of Appeals for the District of Columbia Circuit.