FDA Sued for Delay in E-Cigarette Regulation

Apr 02,2018

Several public health groups have come together in a lawsuit against the Food and Drug Administration (FDA) over the agency’s delay in regulating e-cigarettes. According to the lawsuit, filed in Maryland, the FDA delayed implementing a rule that would allow it to treat e-cigarettes like regular cigarettes—meaning they could be regulated.

In 2016, the Obama administration adopted a rule requiring e-cigarette companies to submit their devices for government approval. However, the FDA has delayed the rule’s implementation for up to six years beyond when it was to go into effect.

According to the lawsuit, the FDA’s guidance exceeded its statutory authority under the Family Smoking Prevention and Tobacco Control Act. Additionally, the plaintiffs argue that the FDA did not go through the proper administrative procedures to institute such a change.

The lawsuit was filed by the American Lung Association, the American Academy of Pediatrics, American Cancer Society Cancer Action Network, and several other medical groups and pediatricians. According to Erika Sward of the American Lung Association, teen use of nicotine products has climbed to 20.2%, even while cigarette use overall has declined to 8%. Much of the increase can likely be attributed to the prevalence of unregulated e-cigarettes.

“It is time that e-cigarettes be subject to regulation like other tobacco products,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured by a defective product and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.