The TechFreedom/NCCPA brief attacks the FDA’s ignorance and misinterpretation of scientific evidence and its misapplication of the precautionary principle. How, they ask, can the FDA severely restrict a product that scientific consensus shows is far safer than combustible tobacco?

“Instead of developing science-based standards which would reduce harm, the FDA directly admitted it didn’t understand or evaluate the potential benefits or harms of e-cigarettes,” said Jeff Stier in a press release. “Without that science, it relied on the ‘precautionary principle’ standard, in direct conflict with the evidence-based standard required by Congress.”

“Regulations should be promulgated within the constraints of the rule of law, sound policy, and proportionality,” said Daniel Suraci, an attorney working pro bono on behalf of the National Center for Public Policy Research. “The FDA’s heavy-handed approach to e-cigarettes is an affront to smart governance as the regulations are in direct contradiction of the scientific evidence showing the public health benefits of vaping, and push the public back to cancer-causing tobacco products.”

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