Liquid Labs Amici Curiae Brief

Last Updated: Aug 23, 2022

Recently, PAMED joined several other public health-focused organizations in the filing of an amici curiae brief in a case concerning the marketing of flavored (non-tobacco flavored), nicotine-containing, e-liquids. The Campaign for Tobacco-Free Kids developed the brief. Translated, “amici curiae” means “friends of the court.” These briefs provide an opportunity for interested individuals or organizations who are not directly involved in a case to weigh-in on the legal issues at-play.

E-liquids are the fluids utilized by e-cigarettes to deliver the smoking effect. In this case, the brief supports the position of the U.S. Food & Drug Administration (FDA) who issued an order denying Liquid Labs LLC, a manufacturer of the flavored e-liquids, from continuing to sell its flavored e-liquids in the United States. The FDA determined that the known health risks to youth posed by the flavored e-liquids outweighs their benefits in helping adults to quit smoking by using e-cigarettes (vaping). The brief argues in support of the FDA’s decision. The brief aligns with PAMED’s stance opposing the marketing of e-cigarettes to minors.

Liquid Labs appealed the FDA’s order in federal court and the case is proceeding through the period when the parties and interested others may file their argument briefs for consideration by the court. The court will ultimately either rule for the FDA and uphold the prohibition or rule for Liquid Labs and strike or modify the FDA order. The court should make its decision in the coming months. You can read the brief here.

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