FDA vaping rule shows what happens when agencies ignore the Constitution
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Thirty years of heavy cigarette use ended the day William Green tried vaping. Inspired, he opened a vape shop in California as both a business opportunity and to help other smokers kick the habit.
But FDA regulations threaten Green’s business and mission, and those of vaping entrepreneurs nationwide. The 2016 rules forbid vape retailers from talking about fact-based health differences between cigarettes and vaping and impose huge compliance costs.
Not only do the rules crush livelihoods and free speech, but they were illegally written by an unauthorized agency bureaucrat.
Under the Constitution, issuing regulations is the job of appointed officials who answer to the democratic process, not unelected career bureaucrats. This vaping rule was created by just such a bureaucrat..Willim and PLF are suing to make sure that agency rulemakers follow the Constitution, just like everyone else.
Rule-makers need to follow the rules: Under the Constitution, issuing regulations is the job of appointed officials who answer to the democratic process, not unelected career bureaucrats.
The FDA’s regulations prevent vaping entrepreneurs from fulfilling what they feel is a humanitarian mission of helping people.
Your support empowers entrepreneurs like William Green. Help the him and other vape shop owners fight back.
Meet other Americans fighting the law—and winning—with PLFs
What happened to William Green could happen to anyone.
That’s why Pacific Legal Foundation exists: when government violates Americans’ constitutional rights, we empower them to fight back—and win.
PLF has 45 years of experience with the law, representing our clients free of charge and scoring precedent-setting victories in the nation’s highest courts, including 11 wins at the United States Supreme Court.
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Vaping helped William Green kick his 30-year cigarette habit
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William opened a vape shop to help others quit smoking
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FDA says retailers can’t mention that vaping may help people to quit smoking
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But government can’t require pre-approval for truthful speech
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An unelected FDA bureaucrat wrote the vaping regulations—that’s unconstitutional
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William and PLF sued to make rulemakers follow the Constitution and restore free speech rights for vape shop owners.
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Vaping helped William Green kick his 30-year cigarette habit
View
William opened a vape shop to help others quit smoking
View
FDA says retailers can’t mention that vaping may help people to quit smoking
View
But government can’t require pre-approval for truthful speech
FDA took unconstitutional action when it made electronic cigarettes subject to the Tobacco Control Act (even though they contain no tobacco), lawsuits argue.
The Food and Drug Administration (FDA) is facing a new wave of legal challenges over its rules for electronic cigarettes.
Food and Drug Administration rules threatening the survival of America's independent e-cigarette industry could be overturned if a new lawsuit filed by the nonprofit Pacific Legal Foundation proves successful.
A Sonora vape shop owner is joining others across the United States to take on the federal government’s 2016 rule that regulates electronic cigarettes and nicotine-infused liquids as tobacco products.
US Food and Drug Administration rules threatening the survival of the US’ independent electronic-cigarette industry could be overturned if a new lawsuit filed by the non-profit Pacific Legal Foundation proves successful, according to an op-ed piece by Guy Bentley for the Washington Examiner.
