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Court recognizes FDA's authority to regulate vaping products

Court recognizes FDA's authority to regulate vaping products

2022-09-09

September 9 news, according to foreign reports, according to ECigIntelligence reports, a U.S. appeals court recognized the FDA's regulatory authorization for e-cigarette products in a case challenging a marketing denial order (MDO).


New York-based Prohibition Juice disputed an MDO claiming the agency lacked statutory authority to consider a product's relative effectiveness in promoting cessation of combustible cigarettes over another product with similar health risk profiles and labelling.


However, the U.S. Court of Appeals for the District of Columbia Circuit ruled that under the Tobacco Control Act, the FDA has the authority to determine whether a product is suitable to protect public health, meaning that applicants must provide all information regarding the investigation that has been given to the product's health risks and whether the product is more Other products with lesser risks were assessed.


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