Judge Slams FDA Over Detained Electronic Smokes

Law360, New York (January 14, 2010, 5:53 PM EST) -- A federal judge on Thursday slammed the U.S. Food and Drug Administration's policy of impounding shipments of electronic cigarettes as unapproved drug-device combinations, granting two importers' bid to enjoin the agency from denying entry of the products into the U.S.

Judge Richard J. Leon of the U.S. District Court for the District of Columbia determined that Smoking Everywhere Inc. and intervenor Sottera Inc. were likely to prevail in their case against the FDA, which they claim lacks the authority to regulate electronic cigarettes as a banned...
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