Judge Questions the Plaintiffs and the Agency Officials in the Vaping Industry v. FDA Lawsuit
Judge Ann Jackson certainly likes to be in the know. During a recent hearing in Washington D.C. in the case of Nicopure Labs et al. vs. FDA et al. she fired off more than 100 questions in both directions, trying to get a clearer picture on why the FDA has doubled down hard on the vaping industry.
Judge Jackson was mostly interested in figuring out the FDA’s authority over non-nicotine containing parts, such as gear and vape juices that do not contain tobacco and first amendment issues that might arise from the MRTP issues. The purpose was to determine whether or not the court could (and should) review the FDA’s deeming ruling through the Administrative Procedure Act.
What got thrown around a lot were FDA’s misleading (and untrue) statements that the vapor industry was a closed circuit dominated by the tobacco industry and, of course, youth access.
The barrage of questioning went on for over three hours but nothing can be inferred by the type of questions the judge asked – the ruling can still go both ways. Plaintiff’s lawyers made a compelling case and we can only hope that the judge will be wise enough to understand the negative effect that the FDA deeming ruling will have on small and medium businesses in the vapor industry.