We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

DC Circ. Won't Revisit Decision On E-Cigarettes

Law360 (January 24, 2011, 8:01 PM EST) -- The D.C. Circuit on Monday rejected the U.S. Food and Drug Administration’s bid to reconsider an earlier decision ordering the agency to treat electronic cigarettes as tobacco products rather than medical devices.

The U.S. Court of Appeals for the District of Columbia Circuit unanimously denied the FDA’s request for an en banc hearing to rule on whether products that contain nicotine but not tobacco fall beyond the agency’s regulatory reach under the Federal Food, Drug and Cosmetic Act.

The appeals court also left in place a...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.