Health Law Daily  Vape suit smoked, Tobacco Control Act doesn’t violate Constitution
News
Wednesday, December 18, 2019

 Vape suit smoked, Tobacco Control Act doesn’t violate Constitution

By Elena Eyber, J.D.

The Vaping Association’s constitutional delegation challenge to the TCA failed due to failure to state a plausible claim for relief.

A federal district court in Mississippi granted the FDA’s motion to dismiss and denied the Vaping Association’s motion for preliminary injunction in a constitutional delegation challenge to part of the Family Smoking Prevention and Tobacco Control Act (TCA). The court held that Congress provided sufficient guidance when it delegated authority to the FDA to designate which products should be governed by the TCA. Thus, the TCA does not violate the U.S. Constitution (Big Time Vapes, Inc. v. FDA, December 16, 2019, Guirola, Jr., L.).

Motion to dismiss. The Vaping Association argued that the TCA is unconstitutional because it gives the FDA no guidance for determining whether a tobacco product should be governed by the TCA. The court found that Congress did not give the FDA unlimited discretion but restricted the FDA’s discretion with a controlling definition of tobacco product.

In addition, Congress designated certain tobacco products as governed by the TCA and presented detailed policies behind its enactment of the TCA. These listed policies and covered products provide additional guidance to the FDA for determining which additional tobacco products should be governed by the TCA. The court held that the TCA does not violate the U.S. Constitution, and the Vaping Association failed to state a plausible claim for relief. Therefore, the court granted the FDA’s motion to dismiss.

Motion for preliminary injunction. The court also held that the Vaping Association failed to demonstrate a substantial likelihood of success on the merits because it did not state a plausible claim for relief. Therefore, the court denied the Vaping Association’s motion for preliminary injunction.

The case is No. 1:19cv531-LG-JCG.

Attorneys: Spencer Mark Ritchie (Forman Watkins & Krutz, LLP) and Austin Whatley (Najvar Law Firm PLLC) for Big Time Vapes, Inc. and United States Vaping Association, Inc. Stephen Michael Pezzi, U. S. Department of Justice, for Food and Drug Administration, Alex M. Azar, II and Brett P. Giroir.

Companies: Big Time Vapes, Inc.; United States Vaping Association, Inc.

MainStory: TopStory CaseDecisions FDCActNews SafetyNews TobaccoNews MississippiNews

Back to Top

Interested in submitting an article?

Submit your information to us today!

Learn More
Health Law Daily

Health Law Daily: Breaking legal news at your fingertips

Sign up today for your free trial to this daily reporting service created by attorneys, for attorneys. Stay up to date on health legal matters with same-day coverage of breaking news, court decisions, legislation, and regulatory activity with easy access through email or mobile app.

Free Trial Learn More