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Westlaw News

Court upholds FDA regulation of e-cigarettes as tobacco products

A federal appeals court has upheld the Food and Drug Administration’s decision to regulate e-cigarettes as tobacco products, rejecting challenges from the e-cigarette industry claiming the agency had violated the Constitution.

A unanimous panel of the D.C. Circuit U.S. Court of Appeals ruled Thursday that the regulation did not run afoul of the Constitution’s Appointments Clause because the FDA official who promulgated it was not appointed by the president and confirmed by the Senate.

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