Action to Enjoin FDA From Regulating Electronic Cigarettes

In Sottera, Inc. v. FDA, No. 10-5032, an action seeking to enjoin the FDA from regulating electronic cigarettes under the Federal Food, Drug, and Cosmetic Act In (FDCA), the court affirmed a preliminary injunction in favor of plaintiffs where the FDCA and the Family Smoking Prevention and Tobacco Control Act (Tobacco Act), properly read in light of the Supreme Court’s decision in FDA v. Brown & Williamson, 529 U.S. 120 (2000), located the product under the Tobacco Act.

 

Related Resources

  • Read the DC Circuit’s Decision in Sottera, Inc. v. FDA, No. 10-5032

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