A group of small vaping companies has petitioned the U.S. Supreme Court to review its lawsuit challenging the validity of the FDA’s vaping regulations, after the action was rejected previously by a federal district court and circuit court of appeals.
The lawsuit, Moose Jooce, et al v. Food and Drug Administration, challenged the FDA Deeming Rule on grounds that it violates the Appointments Clause and First Amendment of the Constitution. The action, which consolidated three separate complaints by small vaping businesses, was decided in favor of the FDA in February 2020 by a U.S. District Court judge. On Dec. 1, 2020, a three-judge panel of the District of Columbia Circuit Court of Appeals upheld the earlier decision.
Lawyers from the Pacific Legal Foundation, which is representing the vaping businesses, filed a petition for a writ of certiorari (Latin for “to be made certain”) from the Supreme Court in late February. The petition asks for review of the previous appeal based only on the Appointments Clause challenge (they have dropped the First Amendment component).
Jim McDonald – Vaping360 – 2021-05-04.
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