The Vapor Technology Association has filed suit in federal court against the FDA and the Department of Health and Human Services. Trade organization VTA and one of its member businesses, Vapor Stockroom, are asking the court to prevent the agency from enforcing its new May 11, 2020 deadline for submission of premarket tobacco applications (PMTAs) by vaping manufacturers.

The legal complaint was filed in the United States District Court for the Eastern District of Kentucky, in Lexington.

VTA is asking the court for “preliminary and permanent injunctive relief,” forcing the FDA to

  • Propose and finalize a rule governing the submission of PMTAs
  • Set a reasonable deadline for the filing of PMTAs, after the agency gives notice of a finalized rule, and allows a public comment period
  • Not take enforcement action against legal vape products until after the new deadline for filing applications
  • Not take enforcement action based on the recent court-imposed May 2020 deadline

“Absent prompt intervention by the Court, the overwhelming majority of the vaping industry, including over 160,000 jobs at small- and medium-sized businesses, will be destroyed,” the VTA complaint states.

There are more than three million vaping products registered with…

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