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Federal Judge Responds to Health Groups Lawsuit, Gives FDA 30-Day Notice

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The Food and Drug Administration has agreed to give the vaping industry more time in terms of deeming regulations dates, however a federal judge doesn’t agree.

Public health groups — the American Academy of Pediatrics, Campaign for Tobacco-Free Kids and more — took a lawsuit to the Maryland federal court last year, and now a federal judge says that the FDA has “shirked its legal duty when it postponed reviewing all U.S. vaping products by several years,” according to a report by the Associated Press. The groups’ lawsuit stated that the FDA’s extension has been the reason that underage vaping has resulted in an “explosion” and went so far to say that an entire generation could be addicted to nicotine.

The groups’ statement said, “It is now the FDA's responsibility to take immediate action to protect our kids and require manufacturers to apply to the FDA if they want to keep their products on the market.”

Since 2016, deeming regulations have been on the forefront of everyone’s minds in the vaping industry, and while the FDA gained power to regulate with more formal rules and product standards, members of the governing body have taken their time to decide which route they would like to go. The new regulatory date was 2022 for manufacturers to submit products for review, but former FDA Commissioner Scott Gottlieb moved that up to 2021 before he left in April.

And now, U.S. Judge Paul Grimm has ruled. He says the FDA’s delay of regulations are “so extreme as to amount to an abdication of its statutory responsibilities.” Grimm has ruled for health groups and the FDA to submit their plans for product reviews within a lighting fast 30 days.

Now that Gottlieb has resigned his post, we are yet to see how the FDA will formally respond, however spokesman Michael Felberbaum provided an emailed statement in which he said that the agency “is reviewing the court decision and ‘will continue to tackle the troubling epidemic of e-cigarette use among kids.’”

Appeal is an option that Gregory Conley, president of the American Vaping Association agrees with. He says that the FDA must appeal to “protect adult access to less harmful alternatives to cigarettes.”Marc Scheineson, former FDA official and current adviser with law firm Alston & Bird, told the Associated Press that if appealed, he “expects the FDA to argue that it doesn't have the resources to process the flood of applications that industry would submit if the ruling is enforced.”

May Banning Blog

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Walmart Adopts Tobacco 21, Ends Sweet Flavored E-Cigarette Sales

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First-Ever India-Based ENDS Study Says E-Cigs 'Less Health Risk' Than Cigarettes

Published in the Indian Journal of Clinical Practice, a new study coming out of India is the first of its kind — and it’s a great one for vaping advocates.“Systematic review of 200 published scientific literatures,” was conducted by Professor R.N. Sharan from North-Eastern Hill University in Shillong, India; Dr. Sambuddha Das; and Dr. Yashmin [...]

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UK's 'Vaping is Not Tobacco' Campaign Launches

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Indiana Lawmakers Mull Unprecedented Taxes, Tobacco 21

Vapers and business owners in the Hoosier State have a lot on their plates these days, as lawmakers not only want to adopt Tobacco 21 statewide, but they also want to raise the e-liquid tax rate a whopping 20%.The journey to both laws began in February, when the Indiana Senate Health Committee voted 8-2 to [...]

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April Banning Report: San Francisco Ban Update; Colorado House Passes Indoor Ban

Big players are coming out in a strong way this month, aiming to ban both flavors and general vaping in several jurisdictions across the United States. San Francisco’s lawmakers are trying to ban the sale of e-cigarettes in their entirety, including online. USA Today reports that the bill’s sponsor, Supervisor Shamann Walton, also wants to [...]

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Walgreens Adopts Tobacco 21 Starting in September

Starting in September, vapers will no longer be able to buy e-cigarettes at nationwide Walgreens, the drugstore and convenience chain announced this week. Since being put on notice by the Food and Drug Administration in February for being a “top violator among pharmacies that sell tobacco products, with 22 percent of the stores inspected having [...]

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Rite Aid Stopping Vaping Sales, Keeping Tobacco

In a move that is quite baffling to vaping advocates, convenience store chain Rite Aid has decided to stop all e-cigarette and vaping product sales, however spokespeople say that the company will continue to sell traditional tobacco products in its approximate 2,500 nationwide stores. The move will go into effect gradually within the next three [...]

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Experts Praise Harm Reduction as Troops Turn to Vaping

Smoking has a long-standing history with the United States Military, however vaping is taking over. Even though e-cigarettes are not an FDA approved approach to harm reduction, studies show that vaping is better than smoking, which is great news for harm reduction efforts and the troops.Military Times reports some great numbers for vaping and the [...]

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