A North Dakota vapor shop is suing to change the Food and Drug Administration's deeming rule on vaping devices.
Dutchman Vapors, which operates vape stores in Fargo, Minot, Grand Forks and on West Front Avenue in Bismarck, joined several other vaping stores around the country to challenge the rule, which treats vaping like tobacco products even though there is no tobacco involved.
The owner of Dutchman Vapors did not respond to a Facebook message left by the Tribune and the phone number store staff directed the Tribune to was disconnected.
Vaping involves inhaling aerosol, referred to as vapor, produced by an e-liquid or e-juice, which usually contains propylene glycol, glycerine nicotine, water and flavoring.
“Since the FDA’s deeming rule took effect, Dutchman Vapors hasn’t been able to bring new products to market, service their customers’ already-purchased products or communicate truthful information to their customers,” according to an email from the Pacific Legal Foundation, which is representing the vapor shops free of charge.
Pacific Legal Foundation is arguing the rule requiring small businesses that make flavored e-liquids and most small retailers to get the FDA’s OK before introducing new products wasn’t lawfully adopted and was issued arbitrarily.
Dutchman and three other vapor companies filed the challenge in the U.S. District Court for the District of Columbia.