FDA Seeks En Banc Review Of E-Cigarette Ruling

Law360, New York (December 21, 2010, 5:14 PM EST) -- The U.S. Food and Drug Administration has asked the full bench of the U.S. Court of Appeals for the District of Columbia Circuit to revisit a ruling finding that the agency must regulate electronic cigarettes as tobacco products, rather than under a stricter medical device law.

The FDA filed a petition for a rehearing en banc Monday to determine whether products that contain nicotine but not tobacco — including gum, patches and inhalers — are exempt from regulation under the Federal Food, Drug and Cosmetic Act....
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