Vape Companies Tell D.C. Circuit FDA Deeming Rule Is Unconstitutional

Mealey's (May 18, 2020, 3:07 PM EDT) -- WASHINGTON, D.C. — A group of vape shops and manufacturers in an April 29 appellant brief urges the District of Columbia Circuit U.S. Court of Appeals to reverse a district court’s grant of summary judgment to the government on claims that the Food and Drug Administration’s 2016 deeming rule regulating e-cigarettes violates the appointments clause of the U.S. Constitution because it was not issued by a properly appointed official and violates the First Amendment by restricting commercial speech (Moose Jooce, et al. v. Food and Drug Administration, et al., No. 20-5048, D.C. Cir.)....