Vape Retailer Challenges FDA Civil Fine, In-House Judge Process

An e-cigarette company is challenging the FDA’s administrative proceeding to levy the business a fine of $20,678, alleging the agency’s action is unconstitutional and violates its right to a jury trial.

The Food and Drug Administration’s administrative process for issuing a civil monetary penalty to Huff and Puffers LLC is a constitutional violation under the Seventh Amendment, the company wrote in a complaint filed Sept. 27 in the US District Court for the Central District of California.

The company’s complaint cited the US Supreme Court’s June decision in SEC v. Jarkesy, which ordered that parties are entitled to a ...