A liquid nicotine manufacturer, Nicopure Labs LLC of Tampa, Florida became the “first liquid nicotine manufacturer to file a federal lawsuit against the FDA back in May for the controversial smokeless tobacco rules that went into effect Aug. 8.” It has several complaints about the new rules.
Nicopure claims that both the Administrative Procedure Act and the First Amendment of the U.S. Constitution are violated by the FDA’s rules. By banning free samples, the company feels the FDA is in violation of the First Amendment, however, the ban “regulates conduct, not speech,” according to the FDA.
Also, the FDA regulations on electronic cigarettes are much more burdensome than those for traditional cigarettes, according to the company, by requiring manufacturers to list all ingredients of the liquids used in electronic devices. While conventional cigarettes have 599 ingredients and two flavorings – tobacco and menthol – there are up to 8,000 liquid flavorings for electronic vaping devices.
Switching to e-cigarettes may be beneficial for adults by reducing the risk associated with smoking conventional tobacco cigarettes, however, the ingredients in the liquids used in electronic devices “may still pose a health risk.” The FDA states that “Nicopure does not disclose its actual ingredients for its e-liquids, so what consumers are really inhaling is largely unknown.” It should be noted that many of the flavorings are candy and fruit flavored and are a big appeal to youth, many of whom have not smoked traditional cigarettes.
It will be interesting to see the outcome of this lawsuit.
Click HERE for the entire story.