#220: FDA, Free Speech and E-Cigarettes

Tech Policy Podcast

TechFreedom

Technology

4.8 • 45 Ratings

🗓️ 26 March 2018

⏱️ 21 minutes

🔗️ Recording | iTunes | RSS

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Summary

The Food and Drug Administration’s 2016 Deeming Rule classified e-cigarettes and other vaping materials as tobacco products and imposed strict regulations on what vaping entrepreneurs can say to their customers, even though advocates say these technologies can reduce the harm from smoking and help some smokers quit entirely. In response, the Pacific Legal Foundation (PLF) is taking FDA officials to court on behalf of small business owners on the grounds that the rules violate free speech and were enacted unconstitutionally. Joining us is Thomas Berry, Attorney at the Pacific Legal Foundation who is leading this legal effort.

Transcript

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0:00.0	Welcome to Tech Policy Podcast. I'm Ashken Kazarian. Today we're going to talk about vaping
0:08.8	regulations that threaten businesses, consumers, and constitutional rights. A growing number of
0:13.8	smokers are returning to electronic cigarettes, the so-called vaping, help themselves get off traditional tobacco cigarettes.
0:23.6	That includes vape shop owners like Steve Green, a former heavy smoker who started his business
0:29.8	to help others to kick this habit.
0:32.4	Steve's business and others across the country are threatened by un illogical and unconstitutional federal regulations
0:39.0	that threaten vaping devices, even though they don't contain tobacco. What's worse is the rule
0:46.0	that was created by this career bureaucrat with the Food and Drug Administration, who is prohibited
0:51.6	by U.S. Constitution to write sweeping federal regulations.
0:56.1	On behalf of Steve and small vaping business owners, Pacific Legal Foundation has just filed
1:02.1	free separate lawsuits and free federal district courts at the same time. I believe it was yesterday.
1:06.9	We have Thomas Berry, attorney from the Pacific Legal Foundation, with us today to talk
1:12.5	about this lawsuits and explain to us how they're going to fight for our constitutional rights
1:17.8	and our rights to vape. Tom, Tommy, thank you for being here. Thank you for having me. So Tommy,
1:22.9	tell us about the lawsuits, how they took place, how they started, how they took off. What was the trigger?
1:30.8	Sure. Well, it did, interestingly, it didn't actually start from any knowledge of vaping. I was really not
1:38.8	aware of this as a policy issue. It started from our interest in the separation of powers and the way that
1:47.7	the executive branch, especially over the last few decades, has more and more tried to fudge
1:54.6	the rules or just completely ignore the constitutional rules that the Constitution requires it
2:00.2	to follow, especially in terms of how it
2:03.1	needs to work with Congress. And so one of the, I would say, lesser known rules, less commonly
2:10.4	followed rules is the appointments clause, which requires that anyone who exercises significant
	...

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