AP

Vaping companies sue to delay US review of e-cigarettes

Aug 14, 2019, 5:15 PM
FILE - In this Tuesday, April 10, 2018 photo, a high school principal displays vaping devices that ...
FILE - In this Tuesday, April 10, 2018 photo, a high school principal displays vaping devices that were confiscated from students at the school in Massachusetts. On Wednesday, Aug. 14, 2019, the Vapor Technology Association filed a lawsuit against the U.S. government to delay a review of electronic cigarettes. (AP Photo/Steven Senne)
(AP Photo/Steven Senne)

The lawsuit is the latest hurdle in the Food and Drug Administration’s yearslong effort to regulate the multibillion-dollar vaping industry.  The regulations would cover those who make and sell e-cigarette devices and flavored solutions.

The vaping group argued that the May 2020  submission deadline could wipe out many of the smaller companies. The lawsuit was filed in U.S. District Court in Kentucky.

Health concerns

E-cigarettes first appeared in the U.S. more than a decade ago. They have grown in popularity despite little research on their long-term effects. There has been little to no resdearch on whether they can help smokers quit cigarettes.

In recent years, health authorities have warned of an epidemic of vaping by underage teenagers. Of particular concern is Juul, the leading brand. It’s known for its high nicotine content and easy-to-conceal device.

Juul looks a lot like a flash drive.

Both cigarettes and e-cigarettes contain the addictive chemical nicotine.  Health experts say the chemical is harmful to developing brains.

San Francisco-based Juul is among 800 member companies of the vaping association that filed the lawsuit.

Regulation is taking time

E-cigarettes weren’t mentioned in the 2009 law that gave the FDA power over tobacco products.  It wasn’t until 2016 that the agency expanded its own regulations to include them.

Since 2016, FDA regulators have repeatedly pushed back the timeline.  At one point they wanted to wait until 2022 to review the of vaping products on the market.

Frustrated by the delays, anti-tobacco groups including the Campaign for Tobacco-Free Kids, sued the FDA to speed up the process. In June, a federal judge sided with the groups and set a deadline of next May for all companies to submit their products for federal review. The FDA has until next month to appeal the decision.

The lawsuit filed by the vaping group says the FDA has now set five different deadlines.

“It is time for FDA to stop moving the goalposts and changing the rules in the middle of the game to the detriment of our manufacturers and small businesses,” said executive director Tony Abboud in a statement.

Vaping executives have long said that most companies will not be able to afford to conduct the large expensive studies. Only products that meet FDA standards could be legally sold.

The FDA declined to comment on the lawsuit.

___

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content.

Today’s Top Stories

AP

A female bison and calf are seen near the Yellowstone River in Wyoming's Hayden Valley, on Wednesda...
Mark Jones

2nd visitor in 3 days gored by Yellowstone National Park bison

In less than a week, two visitors to Yellowstone National Park have been gored by bison. Park officials say to stay at least 25 yards away from a bison.
2 days ago
Travelers wait in for a TSA security check at the Los Angeles International Airport in Los Angeles,...
DAVID KOENIG ASSOCIATED PRESS

Pre-pandemic sized crowds descend on US airports for holiday

TSA is reporting crowds of pre-pandemic size are traveling this Independence Day.
2 days ago
Residents stand in front of building destroyed by missiles in Ukraine...
FRANCESCA EBEL Associated Press

Russian missiles kill at least 19 in Ukraine’s Odesa region

The Ukrainian president's office said three Kh-22 missiles fired by Russian bombers struck an apartment building and a campsite.
2 days ago
Ketanji Brown Jackson takes the oath for the Supreme Court....
MARK SHERMAN Associated Press

Jackson sworn in, becomes 1st Black woman on Supreme Court

Judge Ketanji Brown Jackson, 51, will be sworn as the court's 116th justice Thursday, just as the man she is replacing, Justice Stephen Breyer, retires.
3 days ago
The Supreme Court is pictured. The court just limited the EPA...
MARK SHERMAN Associated Press

Supreme Court limits EPA in curbing power plant emissions

The Supreme Court on Thursday limited how the nation's main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.
3 days ago
President Joe Biden speaks during a news conference on the final day of the NATO summit in Madrid, ...
DARLENE SUPERVILLE and ZEKE MILLER Associated Press

Biden says transatlantic alliance has adapted to new threats

Biden's comments came at a press conference in Madrid at the conclusion of the annual meeting of NATO leaders and after he attended a summit with the Group of Seven advanced democratic economies in the Bavarian Alps.
3 days ago

Sponsored Articles

Tax Harassment...
Jordan Wilcox

The best strategies for dealing with IRS tax harassment | You have options!

Learn how to deal with IRS tax harassment. This guide will teach you how to stop IRS phone calls and letters, and how to handle an IRS audit.
spend a day at Bear Lake...
Bear Lake Convention and Visitors Bureau

You’ll love spending the day at Bear Lake | How to spend a day at Bear Lake

Bear Lake is a place that needs to be experienced. Spend a day at Bear Lake.
Curb Appeal...
Price's Guaranteed Doors

How to have the best of both worlds for your house | Home security and curb appeal

Protect your home and improve its curb appeal with the latest security solutions like beautiful garage doors and increased security systems.
Prescription opioids can be disposed of during National Prescription Take Back Day...
Know Your Script

Prescription opioid misuse | How to protect your family from the opioid epidemic

Studies have shown that prescription opioid misuse has increased since COVID-19. So what do you need to know about these opioids?
national heart month...
Intermountain Healthcare

National Heart Month: 5 Lifestyle Changes to Make Today to Keep You Heart Healthy

Heart disease is the leading cause of death for both men and women. One person dies every 36 seconds in the United States from cardiovascular disease
Joseph Smith Memorial Building...
Temple Square

The Joseph Smith Memorial Building is an icon of Salt Lake City | Why hosting an event at this beautiful location will make you a hero this year

Here's why hosting an event at the iconic Joseph Smith Memorial Building in downtown Salt Lake City will make you a hero this year.
Vaping companies sue to delay US review of e-cigarettes