E-Cig Company Targets Deeming Rule in Suit Against FDA

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May 10 — The Food and Drug Administration overstepped its authority when it issued a rule last week deeming several products to be subject to requirements that apply to conventional cigarettes, an e-cigarette company says in a new suit against the agency.

Nicopure Labs LLC, which makes liquids for electronic cigarettes and distributes both e-liquids and vaping devices, wants an injunction stopping the FDA taking any action under the so-called deeming rule, according to the May 10 filing. It also wants the U.S. District Court for the District of Columbia to vacate the rule.

The rule (44 PSLR 475, 5/9/16) appears in the May 10 Federal Register (81 Fed. Reg. 28973).

To contact the reporter on this story: Martina S. Barash in Washington at mbarash@bna.com

To contact the editors responsible for this story: Steven Patrick at spatrick@bna.com and Jeffrey D. Koelemay at jkoelemay@bna.com