Have you heard of Larry W. Faircloth?
If you vape, love someone who vapes, are considering vaping or have any other interest in seeing vaping continue in the United States, you may want to be familiar with him.
Mr. Faircloth is kind of a one-man-show in the battle to keep vaping legal and available to those of age.
What’s so special about this guy?
Now, don’t misunderstand me, there’s a good number of organizations that are trying to gain support to battle the Federal Food and Drug Administration.
What makes Mr. Faircloth different is that he personally filed a law suit against the FDA in June 2016.
Faircloth, a West Virginia state representative, filed suit, basically claiming that the FDA’s “deeming” laws were a load of horseshit.
The lawsuit claims that grouping vaping products into the tobacco product category is a violation of not just federal laws but our great nation’s beloved Constitution as well.
Now, let’s pause on that for a moment.
The FDA chooses to regulate our vape juice in the same category as cigarettes – as tobacco products.
I’m looking at a bottle of vape juice right now, Director’s Cut’s The Lost One that I got in my VapeBox this month. It’s what I’m currently running through my Fireluke.
It lists ingredients as: USP vegetable glycerin, USP Proplene gycol, natural and artificial flavoring and nicotine.
Don’t see any tobacco there myself, maybe I missed it somewhere.
And, just for the record, nicotine isn’t only found in tobacco. It’s found in several different plants.
So, I have to say that so far it sounds like Mr. Faircloth may be right on point.
What’s up with the lawsuit?
In the lawsuit, Faircloth cites the Administrative Procedure Act. Now, that was a new one to me, but apparently the act prohibits federal agencies from making decisions in an “arbitrary and capricious” manner.
Basically, you can’t just lump in things with others because you want to pass laws and regulate them.
I have to say I’m following why Faircloth would claim this in his lawsuit.
Faircloth claims that the stated date of February 15. 2007 is “arbitrary and capricious” because e-cigarettes and juices weren’t big on the market then. Most of the current companies came after that date and that the required “premarket review process” will “stifle innovation and advances in public health, turning him and similar users back to the more harmful conventional cigarettes he previously used.”
Read more at vaporvanity.com