FDA BEAT DOWN BY THE 11th Circuit Court
I know, I know, I know. There is so much information flying around about what is going to happen to the vapor industry. Hang on, this could get boring, but the government is boring (especially the FDA). ALL E-liquid and hardware have to go through a PMTA (Premarket Tobacco Authorization). Well, the FDA just said nah to about 90% of all liquids and products based on the fact they said the companies could not prove it was not enticing to youth. That is called an MDO (marketing denial order). It means you cannot be sold in the US.
Multiple companies filed lawsuits and appeals. The majority are winning in the courts. During this process, the FDA has kept changing the rules, changing what was required, asking for different documentation, etc.
This past week, the United Vaping Association’s lawyer filed an appeal (Hazy Hollow is a member). The 11th CIRCUIT COURT gave the FDA another beat down! We are posting a few pics of the documentation, BUT the court ruled the MDO was arbitrary and capricious. What does that mean? Basically, a personal whim or impulsive.
The FDA refused to review the company’s marketing plan based on it’s specific product and
they grouped ALL products together. Specifics include open vapor systems (Geekvape Legend, Vaporesso 200, SMOK Nord 5, etc). They were comparing all products to JUUL, which has been considered youth appealing. JUUL won their stay as well in court when the FDA told them to pull it from the market. JUUL said no and took them to court and WON! For now.
The bottom line is that the FDA cannot paint with a broad paint brush and fit all devices and liquids into one category, because they are not the same. They are not showing care for public health. As we know, those of us that used electronic cigarettes (vapor) to switch from cigarettes, we have had major positive changes in our lives.
STAY TUNED!! This is big win for the vapor industry and will set precedent for future lawsuits and appeals.