A collection of medical groups filed a lawsuit to overturn Trump administration’s decision to delay Food and Drug Administration reviews of e-cigarettes and cigars.
The lawsuit challenges the FDA’s decision in August to exempt electronic cigarettes and cigars that are already on the market from agency review, saying that tobacco products that appeal to children are still available.
“The FDA’s decision to delay product reviews leaves young people more vulnerable to kid-friendly e-cigarettes and cigars that may lead to a lifetime of tobacco addiction,” according to a statement from the American Lung Association, one of the seven medical groups that joined the lawsuit.
The FDA implemented a rule in 2016 that forces all e-cigarettes and cigars made after February 2007 to receive agency approval. The rule was mandated by Congress as part of a 2009 law that established FDA oversight of tobacco products.
However, the Trump administration in August 2017 delayed the rule. The new deadline to file applications is August 2021 for cigars and August 2022 for e-cigarettes.
The lawsuit argues that the delay of deadlines exceeds the agency’s authority under the 2009 federal law.
The American Academy of Pediatrics, the American Cancer Society Action Network, the American Heart Association, the Campaign for Tobacco-Free Kids, and the Truth Initiative also signed on to the lawsuit, as did five pediatricians.
The FDA said it does not comment on pending litigation.
The agency recently has moved to take on smoking, including an effort to examine lowering nicotine levels in regular cigarettes.
