DC Circ. Says FDA Must Treat E-Cigarettes As Tobacco

Law360, New York (December 7, 2010, 4:32 PM EST) -- A federal appeals court ruled Tuesday that the U.S. Food and Drug Administration must regulate electronic cigarettes as tobacco products, dealing a blow to the agency, which banned some shipments of the products in 2009 using its authority to regulate medical devices.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit determined that the FDA can regulate the products under the Family Smoking Prevention and Tobacco Control Act but not under the Federal Food, Drug and Cosmetic Act, denying the...
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