Texas-based apparel company Beba and crypto lobby group DeFi Education Fund have withdrawn a 2024 lawsuit against the US Securities and Exchange Commission (SEC) over its approach to airdrops, citing a recent shift in the regulator’s approach to crypto.
Beba launched a free token airdrop in March 2024 and, together with the DeFi Education Fund, filed a pre-enforcement challenge against the SEC that year.
The lawsuit alleged the regulator had adopted its digital asset enforcement policy without a formal notice-and-comment rulemaking process, in violation of the Administrative Procedure Act.
The voluntary dismissal, filed in the US District Court for the Western District of Texas on Friday, cites the SEC Crypto Task Force’s work and statements by Commissioner Hester Peirce in several speeches last year suggesting airdropped tokens are not securities.
The filing also flags Peirce’s suggestion in May that the SEC is considering an exemption framework for airdrops, and a White House executive action from January encouraging the regulator to establish a “safe harbor for certain airdrops.”
“Given the good work done by the SEC Crypto Task Force and recent speeches that suggest a change in the Commission’s position regarding free airdrops, we decided continuing was unnecessary for the time being and we can re-file if we need to later on,” the DeFi Education Fund said in an X post on Friday.
“The DEF team expects that the SEC Crypto Task Force will address airdrops soon—the foundational issue at hand in this lawsuit,” it added.
Case dismissed without prejudice, for now
The dismissal was filed without prejudice, preserving Beba’s and the DeFi Education Fund’s right to refile if needed.
“Should the expected guidance fail to materialize or be insufficient, Plaintiffs preserve their right to refile their claims,” lawyers acting for the pair wrote in the court document.
SEC’s evolving stance on crypto
Under former SEC Chair Gary Gensler, the agency drew heavy criticism from the crypto industry for allegedly crafting policy through enforcement actions and legal settlements rather than formal rulemaking.
Related: SEC seeks comment on crypto handling in OTC broker-dealer rule
Since Gensler resigned on Jan. 20 2025, crypto proponents have seen a regulatory shift by the SEC, including the dismissal of several long-running enforcement actions against crypto firms.
In a recent case, the SEC dropped a two-year lawsuit against Nader Al-Naji, founder of the blockchain-based social media platform BitClout, for allegedly raising more than $257 million by selling the native token of the BitClout platform and spending more than $7 million on personal items.
Magazine: SEC’s U-turn on crypto leaves key questions unanswered
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