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Westlaw News

FDA urges judge to reject challenge to e-cigarette regulation

The Food and Drug Administration says vaping product retailers and manufacturers should not be allowed to “short-circuit” the agency’s regulation of e-cigarettes by challenging the validity of a rule based solely on who signed it.

The FDA made that argument in a brief filed on Thursday urging U.S. District Judge Christopher Cooper in Washington, D.C., to reject arguments that a 2016 rule that treated e-cigarettes as tobacco products was unconstitutional.

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