Federal Court Orders FDA To Regulate E-Cigarettes

Courthouse News reports:

A federal judge sided with health advocacy groups in ruling that the Food and Drug Administration must stop electronic cigarette companies from selling their products until they win approval from the agency.

In a lawsuit filed in March of last year, the American Academy of Pediatrics, American Heart Association, American Lung Association and other groups and physicians claimed the FDA, under the Trump administration, shirked federal procedure in issuing new guidance for the vaping tobacco products.

While the FDA argued its treatment of e-cigs was protected as agency discretion, a federal judge in Maryland disagreed in a ruling released today.

CNBC reports:

The FDA gained authority to regulate the products in 2016, but it has allowed thousands of products to remain on the market without formal rules or product standards. The agency says that both FDA staff and manufacturers need more time to prepare for regulation.

The public health groups have warned that the lack of oversight could undo decades of anti-tobacco efforts as young people migrate toward newer vaping products. U.S. Judge Paul Grimm agreed, calling the FDA’s delay “so extreme as to amount to an abdication of its statutory responsibilities.”

The FDA’s inaction led to an explosion in vaping by teenagers, who are using highly addictive nicotine products like e-cigarettes. We joined leading public health groups to sue FDA to do more. A federal judge agreed. More in the @nytimes: https://t.co/4Ab1MLPRTw

— Amer Acad Pediatrics (@AmerAcadPeds) May 16, 2019

FDA may not delay review of e-cigarettes, judge rules https://t.co/mYT0tiUo1T @brenpiers ($) pic.twitter.com/pgabgbRMQx

— Reuters Legal (@ReutersLegal) May 17, 2019