5th Circuit: Congress Didn’t Violate Constitution By Delegating Tobacco Regulation

Mealey's (July 21, 2020, 12:52 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on June 25 affirmed a district court’s dismissal of a challenge to tobacco regulations brought by a vaping manufacturer and e-cigarette industry association after finding that the nondelegation principle in Article I of the U.S. Constitution was not violated by Congress’ authorization of the secretary of Health and Human Services to determine what tobacco products should be subject to regulation (Big Time Vapes, Inc., et al. v. Food and Drug Administration, et al., No. 19-60921, 5th Cir., 2020 U.S. App. LEXIS 19885)....