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Supreme Court Declines to Consider Vape Industry s FDA Regulation Lawsuit
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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.”
Vape Companies Asks Supreme Court to Throw Out FDA’s Deeming Regulations
Eight vaping companies have asked the U.S. Supreme Court to consider whether the U.S. Food & Drug Administration (FDA) acted improperly when enacting its deeming regulations that introduced federal regulations for vaping products, cigars and other tobacco products.
Attorneys for the plaintiffs in
Moose Jooce, et al. v. Food & Drug Administration, et al. filed a petition for writ of certiorari, a request to have the U.S. Supreme Court consider the case. The plaintiffs claim that FDA acted improperly because the person that issued the deeming regulations was not qualified to do so per the Appointments Clause. In this case, the rule was issued by Leslie Kux, the associate commissioner for policy, and not the commissioner himself.