D.C. Circuit Rejects Constitutional Challenges To FDA Rule For E-Cigarettes

Mealey's (December 4, 2020, 1:02 PM EST) -- WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on Dec. 1 affirmed a district court’s grant of summary judgment in a challenge to the Food and Drug Administration’s 2016 deeming rule regulating e-cigarettes after finding that issuance of the rule by an unconfirmed FDA assistant commissioner was later cured by a confirmed commissioner (Moose Jooce, et al. v. Food and Drug Administration, et al., No. 20-5048, D.C. Cir., 2020 U.S. App. LEXIS 37477)....