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National trade organization representing the independent vapor industry—united on the journey to marketing orders.

Oct 4, 2022, 5 tweets

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In his fantastic talk at #GTNF2022, esteemed legal scholar @jadler1969 takes on the FDA’s many failings on vaping policy. Let’s look at some highlights. 🪡

First up, he talks about the agency’s fumbling of the PMTA process:

Adler also provides the receipts on how the FDA and CDC’s negligent messaging directly contributed to dangerous misperceptions about vaping – which started *before* the EVALI screw up:

It’s not surprising the public has been misled about the benefits of vaping. That’s because, as Adler points out, the FDA completely forbids companies from talking about how vaping is safer than combustible cigarettes.

It gets even worse. Vaping companies can’t legally repeat what FDA said at this very conference!.

“Producers of electronic cigarettes can’t quote things that Brian King said here yesterday [ . . .] that are indisputably factually true.”

Finally, Adler explains why these rules would violate the First Amendment and SCOTUS precedent:

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