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On Monday, the Supreme Court denied the petition for review
of a lawsuit alleging that new tobacco rules imposed by the Food and Drug
Administration violate the Constitution.
The petition for writ of certiorari was filed in December 2020, and the initial lawsuit was filed by Big Time Vapes Inc. and the United States Vaping Association Inc. against the FDA in August 2019. The suit states that in 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, which imposed new regulatory rules on cigarettes and smokeless tobacco. Other types of tobacco products, such as cigars and hookah, were left unregulated. However, Congress purportedly gave the Secretary of Health and Human Services the authority to impose the act on “any other tobacco products that the Secretary by regulation deems to be subject to [the Act].” On May 10, 2016, the FDA published a final rule deeming all products meeting the statutory definition of “t