Vesting Clause | Vaping V. The Power of The Administrative State | RegWatch (Live)

The fight to save vaping has always been a David versus Goliath struggle. Facing countless regulatory hurdles, the U.S. vaping industry mostly comes up short when seeking relief from the courts for what it believes to be arbitrary and capricious rulemaking by the U.S. Food and Drug Administration.

With FDA poised (yet again) to deliver a death blow to the U.S. vaping industry via its Pre-market Tobacco Application process, a lawsuit championed by Big Time Vapes Inc. and the United States Vaping Association Inc. could stave off disaster if the plaintiffs successfully argue, before the Fifth Circuit Court of Appeals, that Congress ceded too much authority to the executive branch when it passed the Tobacco Control Act of 2009. An authority used by the FDA to deem vaping products subject to FDA regulation.

In this episode of RegWatch we are joined by USVA’s lawyer Jerad Najvar to discuss the intricacies of the case, including whether the “deeming” authority is so extreme that it’s unconstitutional, and if Congress failed in its duty when it delegated power to legislate to the FDA with little guidance and no restraint.

Live Streamed: June 10, 2020

Sr. Producer: Cindy Schmidt
Exec. Producer: Brent Stafford

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