FDA Tells D.C. Circuit: Deeming Rule Within Agency’s Discretion

Mealey's (May 4, 2018, 1:38 PM EDT) -- WASHINGTON, D.C. — A District of Columbia federal judge did not err in rejecting assertions by an e-cigarette manufacturer that the U.S. Food and Drug Administration should have taken a different approach to the premarket review of new e-cigarettes, the agency tells the District of Columbia Circuit U.S. Court of Appeals in a May 2 brief (Nicopure Labs LLC v. U.S. Food and Drug Administration, No. 17-5196, D.C. Cir.)....