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June 21, 2016

R2Bsmokefree v FDA suit

The R2BSmokefree Coalition lawsuit was filed today. Below is a breakdown of the complaint. This is the industry lawsuit we have all been waiting for. It is VERY well written. The link to the full complaint can be found at the bottom of this post.

Count I – Violation of Administrative Procedure Act – Grandfather Date

Count II – Violation of Administrative Procedure Act – Pre-market Authorization Process

Count III – Violation of Due Process and Equal Protection Clauses – Tobacco Control Act

Count IV – Violation of First Amendment and Administrative Procedure Act – Ban on Free Samples

Count V – Violation of First Amendment and Administrative Procedure Act – Modified Risk Tobacco Products

Count VI – Violation of Administrative Procedure Act – Definition of “Tobacco Product” and Application to ENDS

Count VII – Violation of Regulatory Flexibility Act – Unlawful Cost/Benefit Analysis

Count VIII – Violation of Administrative Procedure Act – Unlawful Cost/Benefit Analysis

Full Complaint: https://brvliquids.com/wp-conte…/…/2016/06/R2B-Complaint.pdf

Website: http://www.r2bsmokefree.org/

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