Big Time Vapes, Inc., et al. v. U.S. Food and Drug Administration

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No. 1:19-cv-00531 (S.D. Miss.)

On August 19, 2019, Big Time Vapes, Inc. and United States Vaping Association, Inc., an e-cigarette manufacturer and an e-cigarette trade association, filed suit in the Southern District of Mississippi. The FDA’s answer is due November 12, 2019. On October 10, 2019, the plaintiffs filed a motion for a preliminary injunction. On November 6, 2019, the FDA filed its response to the motion for a preliminary injunction and a motion to dismiss. The plaintiffs reply is due November 13, 2019.

The lawsuit alleges that:

  1. the Tobacco Control Act’s delegation of authority to the FDA violates article I of the U.S. Constitution;
  2. the plaintiffs are seeking declaratory judgment that the Tobacco Control Act is invalid.

On August 19, 2019, Big Time Vapes, Inc. and United States Vaping Association, Inc., an e-cigarette manufacturer and an e-cigarette trade association, filed suit in the Southern District of Mississippi. On October 10, 2019, the plaintiffs filed a motion for a preliminary injunction. On November 6, 2019, the FDA filed its response to the motion for a preliminary injunction and a motion to dismiss. The plaintiffs reply regarding their motion for a preliminary injunction was filed on November 13, 2019. The plaintiffs filed their response to the FDA’s motion to dismiss on November 20, 2019. Oral arguments have not yet been scheduled.