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Judge upholds that FDA can regulate e-cigarettes

A federal district judge in Washington Friday upheld the Food and Drug Administration’s decision to regulate electronic cigarettes and cigars like conventional cigarettes.

In a 93-page decision, U.S. District Judge Amy Berman Jackson rejected arguments by Nicopure Labs, LLC, a Florida manufacturer of liquids used in e-cigarettes, and the Right to be Smoke-Free Coalition, which includes the American Vaping Association, e-cigarette companies and state trade groups.

They had contended that the FDA, in deciding to regulate e-cigarettes and related products, exceeded its authority and violated the Administrative Procedure Act. But Jackson concluded that “the agency acted within the scope of its statutory authority.”

Under the FDA rule, she noted, “manufacturers of e-cigarettes are now required to tell the 30 million people who use the devices what is actually in the liquid being vaporized and inhaled.”

The fight over what’s known as the FDA “deeming rule” is far from over. Another half-dozen lawsuits are pending.

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Posted

I wonder if it will ever get to SCOTUS, their word will be final, no appeals from there,

Posted
2 hours ago, Christopher said:

U.S. District Judge Amy Berman Jackson rej

That one is a government rubber stamp.  She has quite the history.  They knew the decision when the case was assigned. 

Posted

Just when we thought we were seeing light at the end of the tunnel, someone decided to add on to the tunnel to make it a little longer. Well, that just means we have more work to do.

Posted
4 hours ago, Walt said:

That one is a government rubber stamp.  She has quite the history.  They knew the decision when the case was assigned. 

I agree... That judge has a reputation for siding with gov't over-reach and big corp lobby... She makes the Ninth Circus Court look sane in many of her decisions :( 

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