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DC Circuit Urged To Knock Down FDA E-Cig Rule

Law360 (February 21, 2018, 8:29 PM EST) -- The D.C. Circuit received pressure Tuesday to overturn parts of a U.S. Food and Drug Administration regulation that brought electronic cigarettes under the reign of the Tobacco Control Act, with a series of amici claiming there are serious First Amendment and public safety risks at play.

As part of the modified-risk tobacco product rule, or the deeming rule, companies would have to get FDA approval for labels and other communications stating that e-cigarettes are safer than traditional, combustible cigarettes. A D.C. federal judge had upheld the...
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