Last March, the FDA rolled out a related project with the enthusiastic support of these organisations, to enforce the reduction of nicotine levels in cigarettes sold in the USA.
The motive of the complaint is simple. Initially, manufacturers had a deadline set for August 2018 to implement the latest regulatory standards for vaping product manufacturing
. This concerned all devices launched on the market after February 2007. After deliberations, the FDA decided to extend this deadline to August 2021
for electronic cigarettes. The plaintiffs consider that this extended deadline can have serious consequences, as younger consumers will be encouraged to consume nicotine-containing products with attractive flavourings. This is essentially the legal basis for the lawsuit.
Not the first time the FDA is under fire
The FDA had already been subject to a lawsuit last February by the Washington Legal Foundation. The WLF was outraged by the requirements that would force manufacturers to notify the FDA before any e-cigarette product was launched. The foundation determined that this was a violation of the first amendment and that it would cause unjust financial harm to the companies.
In May 2016, the FDA also imposed heavy restrictions on the sale and promotion of vaping products. The WLF demanded that manufacturers and vendors be able to inform customers of the advantages of their products compared to traditional cigarettes. The foundation was quick to point to the fact that the FDA itself had already admitted that, at the current level of research, e-cigarettes were less harmful to health than their combustible counterparts.