Rave Salon Inc., et al. v. U.S. Food and Drug Administration (2018)

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Docket No. 3:18-cv-00237 (N.D. Tex.)
Appeal #1: Docket No. 1:18-cv-01615 (D.D.C.)
Appeal #2: Docket No. 1:18-cv-00203 (D.D.C.)

Synopsis

E-cigarette manufacturer and retailer challenged the deeming rule under the U.S. Constitution.

Background

On May 5, 2016, the FDA issued the final rule deeming all existing and future tobacco products to be subject to the agency’s jurisdiction, including e-cigarettes. Among the requirements applicable to e-cigarettes is a prohibition on making claims that a product is less harmful or presents a “modified risk.”

District Court Proceedings

On January 30, 2018, Rave Salon, Inc., an e-cigarette manufacturer and retailer, filed suit in the Northern District of Texas. The plaintiffs requested that the court issue a preliminary injunction barring enforcement of the rule while the litigation proceeded and asked the court to permanently strike down the rule.

The FDA filed its answer on April 27, 2018 along with a motion to transfer the litigation to the District of Columbia, where the Moose Jooce and Hoban cases had been filed by the same attorneys representing different parties. On June 4, 2018, the court granted the motion to transfer. On June 8, 2018, the plaintiffs filed a motion to stay the court’s order which the court denied on June 11, 2018. The case was transferred to the District of Columbia on July 6, 2018, and consolidated into Moose Jooce on March 1, 2019.

Litigation Status

This case was consolidated with the Moose Jooce case, which is currently on appeal in the Court of Appeals for the D.C. Circuit.