Vaping Companies Bring Appeal Of FDA Rule Regulating E-Cigs To 5th Circuit

(February 27, 2020, 11:26 AM EST) -- NEW ORLEANS — A vaping company and manufacturer and a trade association on Feb. 19 appealed to the Fifth Circuit U.S. Court of Appeals their claim that the Food and Drug Administration’s 2016 final rule deeming all products meeting the statutory definition of “tobacco product” to be subject to the Tobacco Control Act was in violation of the nondelegation principle in Article I of the U.S. Constitution (Big Time Vapes Inc. and United States Vaping Association v. Food and Drug Administration, et al., No. 19-60921, 5th Cir.)....

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