Federal Judge Rules FDA Tobacco Penalties Unconstitutional
Federal Judge Rules FDA Tobacco Penalties Unconstitutional Without Jury Trial.
On Friday (August 1), in a landmark ruling, a federal judge sided with vape company Wulferic, LLC in its lawsuit against the U.S. Food and Drug Administration (FDA), declaring the agency’s civil penalties process unconstitutional under the Seventh Amendment.
Wulferic, which operates as Vapor Lab, had been fined by the FDA for selling unauthorized e-liquids. The company challenged the penalty, arguing it was entitled to a jury trial. U.S. District Judge Reed O’Connor agreed, ruling that the FDA’s administrative process for assessing fines violated the constitutional right to a jury in civil cases. The decision could significantly weaken the FDA’s enforcement powers over tobacco and nicotine products.
“The Wulferic decision is the first case to find that the FD&C Act’s CMP provision for tobacco products is unconstitutional — but the catch is that it didn’t actually order FDA to stop carrying on as usual with respect to anybody else,” Andrew J. Hull and Peter G. Dickos wrote for the FDA Law Blog. “Wulferic threatens to significantly dismantle FDA’s arsenal of actions to enforce compliance with the FD&C Act’s tobacco provisions, and we expect many more similar challenges to follow if FDA stays on its current course.”
