2FIRSTS | U.S. vape firms appeal Mississippi synthetic-nicotine ban, citing FDA authority preemption
2Firsts
U.S. vape firms are appealing a Mississippi ban on synthetic nicotine, arguing it infringes on federal FDA authority.Summary
A coalition of U.S. vape industry groups has appealed a Mississippi law banning the sale of e-cigarette products containing synthetic nicotine. The plaintiffs argue the law effectively requires FDA authorization for sales, which unlawfully encroaches on federal regulatory authority under the Supremacy Clause of the U.S. Constitution. A federal district court previously dismissed the case for lack of standing. The vape firms contend the FDA has adopted a case-by-case enforcement approach for vaping products to balance public health and helping smokers quit, and that Mississippi's law undermines this approach. The case is being appealed to the U.S. Court of Appeals for the Fifth Circuit.
(Source：2Firsts)
