Nicopure has requested that the FDA’s Deeming Rule be declared unconstitutional by the U.S. District Court for the District of Columbia.
On Tues., July 12, Nicopure Labs LLC filed a Motion for Summary Judgment in the U.S. District Court for the District of Columbia in regards to the FDA’s Deeming Rule.
This filing is the next phase in the company’s challenge to the FDA’s Deeming Rule, which began in May of this year in the same court with the Nicopure Labs LLC, et al. versus Food and Drug Administration, et al. lawsuit.
In filing this motion, Nicopure Labs is requesting that the court affirm that the Deeming Rule is unlawful and should be set aside.
The Deeming Rule subjects electronic cigarettes and other vaping products to more onerous restrictions than combustible cigarettes under the Tobacco Control Act. Nicopure Labs asserts that the FDA’s rulemaking process violated the Administrative Procedure Act, and that the Deeming Rule violates the First Amendment to the U.S. Constitution.
“We strongly believe that this rule violates the Constitution and the process by which it was put into effect is fundamentally flawed and not legally grounded,” said Jeff Stamler, CEO and co-founder of Nicopure Labs. “Further, we object to the vaping industry being subjected to greater restrictions than traditional tobacco companies, with which Nicopure Labs has no affiliation. We trust that the U.S. District Court will see the merit of our arguments.”