Todd Gaziano and Tommy Berry of the Pacific Legal Foundation explain in the Wall Street Journal why they have filed multiple suits against mid-level federal bureaucrats who make rules without political accountability.
In a regulation issued in 2016 known as the “deeming rule,” the agency ordered that vaping products would be subject to the same regulations developed for the cigarette industry under the Tobacco Control Act of 2009. … Now, each separate [flavor] creation requires its own prohibitively expensive application for FDA approval, which means that vape shops have been forced to stop innovating. … The rule was not issued or signed by either the secretary of health and human services or the FDA commissioner, both Senate-confirmed officials. Instead, it was issued and signed by Leslie Kux, a career bureaucrat at FDA… and she has issued nearly 200 rules.