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FDA appeals e-cigarette ruling

This article was originally published in The Tan Sheet

Executive Summary

FDA Feb. 1 appeals the U.S. District Court for the District of Columbia's decision in January that electronic cigarettes are tobacco products despite the agency's interpretation the products are unapproved drug devices. FDA in July warned consumers about e-cigarettes and stopped shipments from entering the U.S. because tested lots contained toxic materials (1"The Tan Sheet" Jan. 18, 2010, In Brief). In the agency's motion to appeal the Jan. 14 decision, FDA asks the court for "an immediate temporary stay to permit consideration of this stay motion," explaining that the Family Smoking Prevention and Tobacco Control Act excludes under the "tobacco products" definition any item that is a drug, device or combination product under the Food, Drug and Cosmetic Act

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