Just in case no one has seen this: (Smokey Blue _ELR)
One truth missing is the fact that the US Congress prohibited FDA from taking cigarettes off the market. This US Supreme Court ruling stands and has affected every tobacco case and decision up to the present and is behind the 2016 deeming of ENDS products as tobacco. The reasoning is convoluted. However, now Congress is purportedly proposing actions which will once again make FDA v. Brown and Williamson ripe for a challenge…one I believe will be overturned. All matters are jurisdictional. Examining both the legislative and prior high court decisions is absolutely necessary.
Knowing the way our laws and system are structured is essential. There can be no doubt that Congress placed these matters under federal jurisdiction. When Congress has a sufficient federal interest which causes them to legislate, the Supremacy Clause of the US Constitution prohibits state action to the degree that the federal interest is statutorily defined. You can do a web search on “federal preemption.”
At last the court challenges to this bullshit are finally about to begin. I don’t believe that FDA wants these matters back in court. By extensions of processes and procedures they have been able to stall until they actually take enforcement actions.
To be very clear I am not giving legal advice. I am engaging in conversation.
SEE Federal Register/ Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations.