FDA Issues First E-Cigarette Warning Letters

From: Morgan Lewis

Anthony Pavel, Partner Jonathan A. Havens, Associate

While FDA’s tobacco products “deeming rule” is pending, the Agency issues Warning Letters to e-cigarette and e-liquid companies for the first time.

The US Food and Drug Administration (FDA or the Agency) is not waiting to finalize the “deeming rule” before taking enforcement action against electronic cigarette (e-cigarette) and e-liquid companies. As discussed in our previous LawFlash on the subject,[1] FDA issued the proposed “deeming rule” almost a year ago, which for the first time establishes federal regulatory authority over e-cigarettes, cigars, pipe tobacco, dissolvable tobacco products, and nicotine gels (deemed tobacco products).[2]

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