It’s the only reason why the U.S. vaping industry is alive and growing today: FDA’s extension of compliance deadlines—related to the Final Deeming Rule—to 2022. It’s allowed the vaping industry to stay open. And without it, nearly every single vapor device and e-juice would be off-the-market.
But, the extension is not permanent and may be vulnerable to legal challenge. A coalition of public health NGO’s is currently seeking the federal district court of Maryland to vacate the August 2017 Guidance Document, which issued the extension.
If they win, it will be lights out for vaping. In this episode of RegWatch, top vaping lawyer Azim Chowdhury walks through the arguments made against vaping, the industry’s robust response and how FDA winds up being a surprising ally, as it protects its authority to issue Guidance and extend deadlines.