FDA Tells D.C. Circuit Deeming Rule Regulating E-Cigarettes Is Constitutional

Mealey's (June 15, 2020, 3:33 PM EDT) -- WASHINGTON, D.C. — The Food and Drug Administration and two government officials in a May 29 appellee brief to the District of Columbia Circuit U.S. Court of Appeals defended the FDA’s 2016 deeming rule regulating e-cigarettes as properly ratified, properly issued and not in violation of the appointments clause of the U.S. Constitution or the First Amendment (Moose Jooce, et al. v. Food and Drug Administration, et al., No. 20-5048, D.C. Cir.)....