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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).
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The complaint is available at http://www.bloomberglaw.com/public/document/NICOPURE_LABS_LLC_v_FOOD_AND_DRUG_ADMINISTRATION_et_al_Docket_No_
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