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The Right to be Smoke-Free Coalition lawsuit is our best chance at striking a balance with the FDA on reasonable regulation, and it needs your help:
The lawsuit against the FDA is about to kick back into high gear. Keller & Heckman filed appellate briefs this week in U.S. Court of Appeals Washington, D.C. district. Nicopure and Right to be Smoke Free Coalition vs. FDA has been ongoing since summer 2016. The industry was handed a striking defeat at the federal district court level in 2017 when it was ruled against on all counts.
One of many fronts in the ongoing struggle for more “reasonable” regulations, the FDA filed its briefs for the lawsuit two weeks ago. The report was scathing basically reminding the court of every bad thing ever said with regard to vaping: popcorn lung, battery explosions, perceived child marketing.
In it’s response, Nicopure/R2BSF uses the FDA’s own words against them with regard to vapor as a less harmful alternative. “…one of FDA’s supporting [groups] — the American Cancer Society (“ACS”) — recently determined “[b]ased on currently available evidence, using current generation e-cigarettes is less harmful than smoking cigarettes,” and concluded “switching to the exclusive use of e-cigarettes is preferable to continuing to smoke combustible products.”
The report goes on to remind the court that FDA, in it’s own comprehensive plan to regulate tobacco, expressed a need to “strike an appropriate balance” between regulation and encouraging innovation.
The response in our defense addresses 3 crucial elements:
Restrictions on modified risk claims and what should be allowed to be communicated to the public.
The issue of product sampling.
The issue of the PMTA process.
But this effort needs funding, and there's a simple and easy way to help.