On June 20, the most anticipated lawsuit challenging the FDA’s deeming ban was filed. The Right to be Smoke-Free Coalition sued in the US District Court for the District of Columbia on behalf of 11 plaintiffs, and with the support of every major advocacy group in the country.

The suit challenges parts of the deeming regulations and the Family Smoking Prevention and Tobacco Control Act on several grounds, including violations of the Administrative Procedures Act and the First Amendment to the Constitution. The suit alleges eight violations in all.

The Right to be Smoke-Free Coalition was formed to fight unconstitutional state and federal e-cig and vaping laws. Its original focus was challenging the recently passed HEA 1432 in Indiana, which the coalition’s lawyers have challenged in both state and federal courts. Those efforts are still in progress. R2B retained the services of Washington, D.C. legal firm Keller and Heckman, LLC. Keller partner Azim Chowdhury is recognized as an expert in vapor products law, and he has handled the vaping cases.