Big Time Vapes, the challengers
petitioned the Supreme Court for a writ of certiorari on December 18, 2020. The case involves the claim that the statute purportedly authorizing the Deeming Rule is an unconstitutional delegation of Congress’ legislative power.
The challenged statute provides that the Family Smoking Prevention and Tobacco Control Act “shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco and to
any other tobacco products that the [FDA] by regulation deems to be subject to this [Act].”
Article I, § I of the Constitution provides that “[a]ll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”