Lost Art Liquids vs. FDA:
Federal Magistrate Judge Mumm hears oral arguments for the first time in our case against FDA today, 1/23/2018 at 10AM PST. We are asking for the court to force FDA to give us all documents that it used to create the deeming rule, without subjecting them to a protective order so that we can share whatever we receive with all of you.
It’s a difficult argument to win, but we believe it’s an important one to fight. FDA should allow everyone to see exactly what documents they relied on when constructing the deeming rule as it effects millions of lives and tens of thousands of businesses.
As we wrote in our brief, “There is a lot at stake. Although the Family Smoking Prevention and Tobacco Control Act, Public Law 111–31, 21 U.S.C. §§387-387u (“Tobacco Control Act”) prohibits FDA from banning a class of products, the Deeming Rule is a de facto ban that will eventually lead to the removal of nearly all existing vapor products from the market. Given the number of lives that will be lost to cigarette smoking-related diseases if these vapor products are removed from the market, FDA’s issuance of the Deeming Rule equates to a culpable dereliction of public duty.4 In contrast to recent non-binding announcements, FDA’s Deeming Rule simply does not fulfill its Congressional mandate to protect the public health, which includes the health of smokers.”