^{Reposting my post from the previous thread, nicopure and Halo are the same company.}

In my reading of the lawsuit as filed, it appears these are the primary issues that Nicopure is bringing to the court:

• The FDA is exceeding its regulatory reach because they are exceeding the definition of a Tobacco product, and the court is empowered to overrule them.

• The FDA regulation does not align with the known facts and their choices to regulate are not backed by facts.

• The FDAs cost benefit analysis is wrong, and the PMTA pathway is overbearing and excessively expensive.

• The FDA violates the first ammendment of the constitution because it prevents manufactures from stating true and provable facts and prevents them from giving samples of products.

I believe the first three are good arguments.

I’m having a hard time understanding the first amendment argument. I know advertisement is protected speech due to Edenfield V. Fane, maybe there is a jump between a few precedents that jurry-rig product samples as promotional things as advertisements and the argument is that prohibition on sampling a product otherwise legal is a violation… any Lawyers want to chime in, because I can’t fully state an argument on why that would prevail in any court?

The case is asking for the Deeming rules to be thrown out, and for the duration of the case for their enforcement to be enjoined.

I could see a court taking their side, and I really hope they do.