“It appears that the plaintiff in Yimam v. Mylé Vape, Inc., No. 2019 CA 008050, 2020 D.C. Super. LEXIS 7 (D.C. Super. June 11, 2020), was on something of a crusade with a test case against a vaping product manufacturer. Maybe he was just out to make some money, but his purchase of the products was clearly to set up the ability to sue. Why do we say that? Well, he bought defendant’s “iced watermelon” and “pound cake” flavored products on November 26, 2019, to “test and evaluate” them and brought his consumer protection case within the next five weeks. We certainly have railed against untimely suits before, but this seems really fast and somewhat suspicious given the regulatory status of the products. The purchase of the products and initiation of the suit just happened to be within a seven and a half month gap when the products were being sold without an arguably required FDA authorization. The short version of this is that FDA had extended the time for certain ENDS products to file necessary premarket tobacco applications until August 2022, but a court struck that down in May 2019; while that decision was on appeal, FDA issued a the replacement guidance in January 2020 that extended the application deadline to May 2020. Id. at **2-4. Got it? So, it does not look like coincidence that the purchase and subsequent complaint occurred before the murky regulatory window closed.”
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“Could This Be the ENDS of Buckman?” Mused The Vaped Crusader
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