Defusing the deeming regs: Congress, courts, and the FDA, June 2015


Worried about the potential impact of the U.S. Food and Drug Administration (FDA)’s proposed deeming regulations? The draft is by no means the final form and there are ways that some contentious issues may be changed before the regs come into effect. Read ECigIntelligence’s report to see how the FDA, the federal government, the industry and/or even individual companies could affect the proposed regulation.



Potential legislative solutions • Potential solutions via judicial challenges • Potential solutions from the FDA itself • Legislative solution: giving the FDA discretion • Legislative solution: changing the grandfathering date • Legislative solution: amending the Tobacco Control Act • Judicial challenge: the Tobacco Control Act’s purpose • Judicial challenge: scientific evidence • Judicial challenge: free speech • Judicial challenge: are e-cigs really tobacco products? • Judicial challenge: injunctive relief • Solutions from the FDA


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