Last week, the ATS led 11 medical groups in submitting an amicus brief in the lawsuit American Academy of Pediatrics v. FDA – a suit to compel FDA to use its pre-market review authority to regulate candy flavored cigars and e-cigarette products.  Earlier this year, the American Academy of Pediatrics sued the FDA for its failure to apply the agency’s pre-market review authority to tobacco products that entered the U.S. market after February 2007 (as required by public law).  The AAP suit contends that the FDA’s failure to use its pre-market review authority means that candy flavored cigars and e-cigarette products are effectively unregulated and are leading to youth initiation of these tobacco products.

The ATS amicus brief summarized for the court the known adverse health effects of youth cigar use and e-cigarette use and noted how both these products can induce long-term tobacco addiction.  The ATS was joined in the amicus brief by the following organizations:  the American Medical Association; the American College of Chest Physicians; the National Association for the Medical Direction of Respiratory Care; the American Association for Respiratory Care; the American Public Health Association; the National Medical Association; the American College of Preventive Medicine; the American Academy of Allergy, Asthma and Immunology; the American College of Occupational and Environmental Medicine; and the National Center for Health Research.