Federal Judge Upholds FDA’s Deeming Rule On E-Cigs As Constitutional

(February 26, 2020, 2:48 PM EST) -- WASHINGTON, D.C. — A federal judge in the District of Columbia on Feb. 11 granted a motion for partial summary judgment filed by the Food and Drug Administration against vape shops in several states, holding that the FDA’s 2016 deeming rule regulating e-cigarettes did not violate the appointments clause of the U.S. Constitution, and sua sponte granted summary judgment on the plaintiffs’ First Amendment arguments that the FDA premarket review process restricts commercial speech (Moose Jooce, et al. v. Food and Drug Administration, et al., No. 18-203, D. D.C.)....

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