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

Law360, New York (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...
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