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JUDGE RULES AGAINST THE FDA
Yesterday a federal judge granted a preliminary injunction to electronic cigarette manufacturers who are fighting the Food and Drug Administration's seizure of their products as "an unapproved drug-device combination." U.S. District Judge Richard Leon concluded that the two companies, NJOY and Smoking Everywhere, have a substantial likelihood of prevailing against the FDA's claim that it has authority over e-cigarettes under the Food, Drug, and Cosmetic Act (FDCA). [Read More..] FDA HAS NO AUTHORITY "JUDGE SAYS" WASHINGTON—A federal judge said the Food and Drug Administration doesn't have the authority to seize electronic cigarettes because the products don't qualify as devices subject to the agency's regulation. In a 32-page opinion, U.S. District Judge Richard J. Leon sided with electronic-cigarette makers Smoking Everywhere Inc. and Njoy. He criticized what he called the FDA's "tenacious drive to maximize its regulatory power," saying he found its interpretation of the law "unreasonable and unacceptable." [Read More..] JUDGE ORDERS FDA TO STOP BLOCKING SHIPMENTS A federal judge on Thursday ordered the Food and Drug Administration to stop blocking the importation of electronic cigarettes from China and indicated that the devices should be regulated as tobacco products rather than drug or medical devices. [Read More..] For more information, read through Our Blog. |
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