What’s at stake?
- Rule-makers need to follow the rules: Under the Constitution, issuing regulations is the job of appointed officials who answer to the democratic process, not unelected career bureaucrats. This vaping rule was issued by such a bureaucrat in violation of the Constitution.
- The vaping edict flouts the First Amendment by forcing businesses to run a daunting regulatory gauntlet in order to advertise truthful information. The government can’t require pre-approval for truthful speech, and it especially can’t shift the burden of proof to the speaker to prove the benefits of his speech will outweigh any harms the government perceives may result.
- Beyond violating the Constitution, the vaping rule is horrible public policy: it threatens to shut down thousands of small businesses that provide potentially life-saving products and creates a public safety hazard by making it very difficult to improve and repair products.