It's no secret that the FDA has been pushing back against vaping advocates for sometime and they're used to the backlash from the vaping community.
What they probably weren't expecting, however, are lawsuits from vape shops. Three of them. All separate cases but they are coordinated to make each case more effective.
The vape shops are working with an attorney from Pacific Legal, to fight the Deeming Regulations put in place by the FDA. The regulations in the eyes of the vaping industry; impose unfair costs on vape shops and manufacturers, greatly limit advertising and reduces consumer selection.
For those in Canada, these regulations may sound familiar.
According to the attorney Thomas Berry, the regulations "violate constitutional safeguards for individual liberty." Berry goes on to say that "Rules that affect the American people must be issued by officials who are answerable to the political process, not by bureaucrats who have no political accountability."
Similar to the lengthy process that Bills are supposed to go through (unlike Bill 174), lawful regulation in the States must pass similar steps such as approval from agency executives and the Senate needs to confirm the approval.
These are big cases for Pacific Legal as it opens up opportunity for vaping communities across the U.S. who face similar issues at the state-level.
There are similarities between what the FDA have put in place and what Canada's vaping industry is facing. One of the major examples is the inability to advertise. Berry mentions that regulations are "stopping businesses from advertising truthful information". If they win the cases, it may inspire new ways to approach the regulation imposed by the government here in Canada.
The vaping world will have their eye on this!