Pennsylvania’s new vaping law is an unconstitutional boon benefiting ‘Big Tobacco,’ lawsuit says
A Pennsylvania vape manufacturer registry is unconstitutional, a lawsuit claims.Summary
A family-run business operating Tobacco Huts across Pennsylvania has filed a lawsuit challenging a state law that requires e-cigarette manufacturers to register with the state. The law, which went into effect in February and includes further changes scheduled for June, mandates that manufacturers certify they have obtained FDA approval or that their application is pending. The plaintiffs argue that this law is unconstitutional because it effectively removes the FDA's discretion over enforcement decisions by imposing state-level penalties on manufacturers and sellers without federal approval. They claim the legislation is a boon for 'Big Tobacco' rather than a measure to protect youth, as it mirrors an effort to bypass federal regulation. The lawsuit names Attorney General David Sunday and Secretary of Revenue Patrick Browne as defendants. The law was championed by State Rep. Jeanne McNeill and passed with bipartisan support, aiming to close a gap in determining which products are legally authorized by the FDA.
(Source：The Philadelphia Inquirer)
