This week, U.S. District Court Judge Amit P. Mehta denied a motion by a group of six anti-tobacco organizations to intervene in a lawsuit by cigar manufacturers against the FDA. The lawsuit challenges the legality of parts of the new regulation they face after the FDA asserted jurisdiction over (“deemed”) cigars and vapor products. It is based on the right to free speech, specifics of the Tobacco Control Act, and other constitutional and statutory arguments. If successful, it could have important implications for the vapor industry.



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