“Vaping manufacturers and retailers pointed to what they called the government’s “whack-a-mole approach to the Appointments Clause” Wednesday in a D.C. Circuit appeal over e-cigarette regulation. Ten companies — among them Moose Joose, Mountain Vapors and Tobacco Harm Reduction 4 Life — brought the challenge here over a final agency rule that the Food and Drug Administration adopted in 2016 to designate vape wares as tobacco products subject to regulation under the Tobacco Control Act. Pillard questioned how the FDA can have individuals who are not duly appointed under the Constitution generating agency actions that are then made valid later on by “periodic blanket ratifications” by appointed officials.”
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E-Cig Companies Say Invalid Appointment Moots FDA Rule
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