August 12, 2016

Nicopure v FDA: Amicus Brief – Vape A Vet 


The Deeming Rule’s Essential Ban On Distribution Of Free Samples Stymies The Anti-Smoking Efforts Of Organizations Like The Project. The Deeming Rule virtually bans the distribution of free ENDS product samples, which will end the Project’s ability to pursue its charitable mission. The Project’s success has been based upon its ability to provide free starter kits and replenishment packages to active-duty personnel and veterans trying to quit tobacco smoking. Many veterans are low income earners and could not afford ENDS products without the starter kit and supplies the Project provides. In only three years, the Project has shipped over 7,500 starter and care packages, making them available free to more than an estimated 16,000 service members. Accordingly, based upon the Project’s 60% success rate, to date it has helped more than 10,000 active duty and veteran service members to quit smoking, and it expects to expand the program and increase the number of members it is able to help each year. Of course, however, none of that will come to pass if the FDA’s ban on the distribution of free ENDS products is permitted to stand.


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