FDA – No Authority Over E-Cigarettes
December 8th, 2010
Judge Leon has ruled in favor of Smoking Everywhere and Njoy lawsuit against the FDA. He found that the electronic cigarette suppliers “are substantially likely to succeed on the merits and are likely to suffer irreparable harm if I do not return the parties to the status quo ante, their respective motions for preliminary injunction are GRANTED pending a final disposition of this case.” Judge Leon goes on to say, “This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices under the FDCA.”
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