IPCPR, CAA and CRA File Suit Against FDA

[sablebrush52]

Can someone please outline what role Congress had, if any, in this cesspool of pending regulation?

The Family Smoking Prevention and Tobacco Control Act (PUB.L. 111-31, H.R. 1256) passed by Congress and signed into law by the President gives the FDA the power to regulate the tobacco industry.
The FDA didn't just decide to do this on their own.
EDIT: Don't forget that Philip Morris and R. J. Reynolds lobbied for this law as it is designed to kill competition and give them a monopoly in the tobacco business. It shouldn't be surprise that the financial burdens and hurdles are set up to favor cigarette makers. You might try writing to Philip Morris and R J Reynolds and tell them what you think and that you're going to boycott their products.

 

[jguss]

a lot of it's about the lawyers the industry hired; and most of it will be about the judge assigned to the case

 

[blendtobac]

Can someone please outline what role Congress had, if any, in this cesspool of pending regulation?

Congress had to vote to allow the FDA to have oversight regarding tobacco products. If they had voted it down, the FDA wouldn't have had the authority to issue any regulations, so in that sense, Congress is complicit and culpable in this morass.
Russ

 

[derfatdutchman]

Russ, thank you for sharing this bit of good news.

 

[daveinlax]

Can someone please outline what role Congress had, if any, in this cesspool of pending regulation?

I think there are a couple of bills that would exempt premium hand rolled cigars from the FDA. The CRA is lobbying hard for them. I'm a CRA member and I am hoping they will get the exemption.

IMO I don't think any lawsuit is going to be successful because the FDA really wants to put the e cigs and vape through the full regulatory process and not let them grandfather through. 8O

 

[sablebrush52]

• FDA’s improper application of the February 15, 2007 grandfather date to cigars and pipe tobacco, which subjects those products to more intrusive regulations than cigarettes and smokeless tobacco

The FDA will simply state, as it did in it's final deeming, that the date was set by Congress, not them, and that only Congress can change it.
They knew this was coming, which is why they included a severability clause in their ruling. Means that every challenge will affect only that portion challenged, not the whole.

 

[username]

I always figured this would happen. It's going to be tied up in the courts for years.

 

[sablebrush52]

IMO I don't think any lawsuit is going to be successful because the FDA really wants to put the e cigs and vape through the full regulatory process and not let them grandfather through. 8O

Then there might be some flexibiity on the matter of tobacco leaf, rather than tobacco liquid extract.

 

[pipesmokingtom]

If only Congress could actually get something useful done. Instead they spend their time harassing niche industries and trying to put hard working people out of work! Hooray, government!

 

[mso489]

It's usually one or two points that provide the sticking point and stop the regulatory gears. It might not even be points that seem most apropos of pipes. Big tobacco played a central role in doing this to small business and consumers. Hoping for the best.

 

[codecreatively]

Here's to hoping they get some traction. The FDA seems to have already shown a bit of weakness by saying that if any part of the bill becomes unenforcible, they would still enforce the other parts. It's just a big money grab.

 

[aristocob]

Thanks Russ. And I'm so sorry to see how this mess has touched you so closely.
BTW, the comments about congress' involvement need to be clarified that The Family Smoking Prevention and Tobacco Control Act was passed by Congress in 2009 when it was being controlled by a different party than it is today. It was signed into law by our current president.

 

[jndyer]

It may have been passed and signed when Democrats controlled the executive and legislative branch; however, I am not hopeful that any portion of it would be overturned as I see no scenario where a super majority (you would need enough to override a presidential veto) of congress being willing to vote against tobacco reform. I can see the ads now, "Congress member so and so voted to allow big tobacco to target children."
It is scary to think our hope is in judges being willing to declare parts of the law unconstitutional. At least we now have this glimmer hope with this lawsuit.

 

[pipesmokingtom]

congress being willing to vote against tobacco reform

It's unfortunately true. Even if the regulations are ridiculous (and they are) any action against them will be seen as supporting "tobacco". The mommy groups go bonkers at this sort of stuff. OUTRAGE!

 

[pagan]

Let's see, Big Brother is against Alcohol, Tobacco and Fire Arms and has an agency, the ATF, designed to control exactly those things and yet the FDA has the lead on this issue, what a screwed up family we have running this country.

 

[pipesmokingtom]

Who's on first, What's on second...

 

[sailortodd]

Helping to fund this lawsuit will be a lot more effective than writing letters to your US representatives. Is there a means to support this effort?

As in: Buy more tobacco? :P

 

[aristokles]

It seems to me that the FDA has figured how to define what is cigarette tobacco and what is pipe tobacco - the quandary they were in trying to thwart the faux pipe tobacco which products we all knew would one day bode ill for us. By picking the May, 2007 date the FDA has effectively eliminated the RYO products pretending to be pipe tobacco and thereby avoiding the 2009 tax increases. We are just collateral damage. Big tobacco is little harmed.

Guess we go back to GYO - grow your own.

 

[cigrmaster]

Thanks for the info Russ. I am sorry to say that this is going to cost tons of money fighting the FDA. I hope the folks going after them have a war chest well north of 5 million. This will take years and the FDA just has to use tax payers money to drag this out and out spend the people who go after them. The FDA has unlimited funds and don't care what they have to spend to win.

 

[pyratemate]

Thanks to those doing the filing!