Lost Art Liquids VS FDA

*To read the lawsuit in its entirety, please visit our "About Us" page here*

LOS ANGELESMay 19, 2016 /PRNewswire/ -- LOST ART LIQUIDS, LLC ("Lost Art Liquids"), producers of many of the most popular selling premium e-liquids sold in the United States and abroad, has filed a lawsuit against the Federal Food & Drug Administration ("FDA") in the Central District of California today.  Lost Art Liquids' suit challenges FDA's purported authority to deem and regulate e-liquids and other vapor products as "tobacco products" under the Tobacco Control Act and asserts claims against FDA for violations of the Regulatory Flexibility Act, the 1st and 5th Amendments, and the Administrative Procedures Act.  

"Lost Art Liquids is and has always been committed to producing the highest quality, safest, and most innovative premium e-liquid products and in serving as a voice for the vapor community. FDA, with its deeming regulation, has ignored our voice and the voices of millions of others, leaving us no choice but to seek judicial relief," said Brian Worthy, CEO of Lost Art Liquids. "We are disappointed that the FDA continues to confuse and conflate vapor products with tobacco and chooses to ignore years of well-established research that shows the relative safety of the products compared to combustible cigarettes and the public health benefit they may offer to millions of Americans who use them as an alternative to tobacco."

Lost Art Liquids' Complaint alleges that FDA's regulation of vapor products is illegal in that it exceeds the very limited and specific scope of authority Congress granted FDA to regulate "tobacco products" under the Tobacco Control Act in 2009. 

"Vapor products are technology products, not tobacco products," said Ryan Thomas, Lost Art Liquids' Co-Founder and COO.  "The legislative history and factual findings that serve as the predicate to the Tobacco Control Act make clear that Congress never intended to give FDA authority to regulate vapor products when it enacted the Tobacco Control Act in 2009. It was created to regulate products like cigarettes and smokeless tobacco, not vapor," he continued. 

"FDA has introduced one of the most burdensome, misguided and harmful regulations in its history without adequately sound science, or adhering to required, lawful procedures. These regulations will harm Lost Art Liquids' business and customers by eliminating vapor products from the market, forcing consumers to resort to more harmful products like cigarettes and cigars," added Thomas.  

About LOST ART LIQUIDS, LLC

Founded in 2014, Lost Art Liquids has quickly become one of the most popular selling and innovative premium e-liquid brands in the world. Based in downtown Los Angeles, Lost Art Liquids' products are sold throughout the US and abroad. For more information about Lost Art Liquids' premium e-liquids and vaporizers, including distributor or reseller information, please visit www.lostartliquids.com or email us at info@lostartliquids.com.  

For media inquiries please contact Daman & Associates, LLP at 617.221.3737. 


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6 comments

  • Hi i am a lost art liquid 4 life my go to is space rocks and other flavors ive tried they are great and i will support lost art 4 life as my go to e juice it saved my life and i always will represent lost art to all my freinds and family that struggle with tobacco addiction.THANK YOU LOST ART liquids much love

    • Steve Asprelli
  • WHERE DO YOU STAND TODAY ACCORDING TO THE LAWSUITS WITH THE FDA…..ANY UPDATE….

    • ZO SANCHEZ
  • Vapor products helped me quit smoking. I smoked a pack or more a day for 35+ years. The FDA has proved by the deeming regulations that they are not acting in the interest of regulating. They have proved that they are acting in response to special interest money from both pharmaceutical companies and the tobacco companies. This “regulation” is simply to guarantee that big tobacco and big pharma can continue to poison american citizens.
    Fact: Tobacco cigarettes contain carcinogens and poisons.
    Fact: Big tobacco adds more poisons To cigarettes (With NO regulation from the FDA!)

    • Keith Thomas
  • This is great. I quit smoking in Oct of last year after smoking for 29 yrs and I feel amazing now. Tue last 15yrs I smoked 3 packs of cigarettes a day. And just dropped them straight to vape 3mg nic and I have never felt this good since I was a child. I thank every person that vapes for helping me get a better life.

    • James Johnston
  • This is great. I quit smoking in Oct of last year after smoking for 29 yrs and I feel amazing now. Tue last 15yrs I smoked 3 packs of cigarettes a day. And just dropped them straight to vape 3mg nic and I have never felt this good since I was a child. I thank every person that vapes for helping me get a better life.

    • James Johnston