Lost Art vs FDA Update-March 2018

Lost Art Liquids believes that government transparency is one of the most important, fundamental rights we all have as citizens. FDA for two years has sought to avoid transparency and keep secret from the public over 290,000 pages of documentation which FDA claims it relied upon between 2012-2015 to formulate the deeming regulation. 
The deeming regulation "deems" technology products like e-cig devices and non nicotine e-liquids, to be "tobacco" and regulates these products in the same way as deadly cigarettes. As many of you know, the deeming regulation, if left unchecked, will eliminate nearly all vapor products from the market leaving smokers with no choice except to use products created and sold by Big Pharma or Big Tobacco. 
Therefore, in furtherance of our lawsuit challenging the deeming regulation, Lost Art has filed documents with the US District Court in Los Angeles. This motion seeks to force FDA to allow us at Lost Art Liquids to disclose to you, the public, the complete, unretracted administrative record that FDA relied upon in creating the deeming regulation. FDA, which is staffed largely by former pharma lobbyists and executives, and which receives hundreds of millions of dollars each year in free products and funds from Big Pharma and from Big Tobacco in user fees, does not want the public to be able to see the inner workings, documents, emails and memos that we are requesting they produce in our litigation. 
In a democracy, the principles of government transparency and accountability are tenants designed to deter, and expose corrupt government officials and those who abuse their power.
Government officials — including FDA— are responsible to the citizenry for their decisions and actions. 
We believe its is the undeniable right of all vapers, and the right of every person who knows, loves or cares about someone who vapes, to have access to the full body of evidence that FDA used to create the deeming rule. The rule, in our opinion, illegally deems vapor products, which are often made of metal, acrylic, circuitry, and batteries, to be tobacco products.  
We believe it is your right to be able to examine the evidence that we are obtaining from FDA, which FDA wishes to keep from you and subject to a protective order.  We believe its your right to be able read these documents for yourselves and determine whether or not FDA acted arbitrarily, capriciously and/or corruptly under the influence of Big Pharma, Big Tobacco or a political agenda that does not comport with the law. 
In order that officials may be held accountable, the principle of transparency requires that the decisions and actions of those in government are open to public scrutiny and the public has a right to access government information.  Without accountability and transparency, democracy is impossible. We must hold our elected and appointed officials accountable- including those at the FDA. Without accountability, voters are necessarily ignorant in their electoral choices; elections and the notion of the will of the people lose their meaning and government has the potential to become arbitrary and self-serving. 
There are tens of millions of vapers who are leading healthier and longer lives, who will undoubtedly suffer if vapor products are regulated out of business and left in the hands of Big Pharma and Big Tobacco.
The stakes are very high.
Your voices are needed! Contact us at @LOSTARTLIQUIDS to learn how you can help. 

Share this post

Leave a comment


  • As a vaper I applaud you and your effort on behalf of the vaping community! Keep up the fight.

    • Matthew
  • Vaping saved my life, I don’t cough, were, get heart palpitations and I’m healthier than ever been vaping a full year and u won’t go back to the stinky sticks. I can breath!!!

    • Tyler Owens
  • I want to he’ll this is exactly right. Why can’t we now why?? How can I help, I’ve shared.

    • Tyler Owens
  • I started smoking when I was 13 I am now 59 about 4 years ago i got a vape device and havent had touched a cigarette since. After all the quit attempts I made and still smoking 20 or more a day and I stopped from my first puff of an e-cigarette, thats quite somthing to celebrate.

    • robert harvey
  • Vapeing helped me quit smoking. I can breath a lot better now. I don’t have to worry about second hand smoke with my son anymore. Ban cigarettes not vapeing!

    • Kevin Kelly