Nicopure Labs, LLC v. Food and Drug Administration
District Court, District of Columbia
1Opinion of the Court
MEMORANDUM OPINION
AMY BERMAN JACKSON, United States District Judge
An electronic cigarette, or “e-cigarette,” is an electronic nicotine delivery device, comprised of a liquid, an atomizer or heating element that heats the liquid to create a vapor, and a battery that powers the heating element. Most liquids on the market contain nicotine.
On May 10, 2016, the Food and Drug Administration exercised its discretion to deem e-cigarettes to be “tobacco products” subject to the set of federal laws that govern the promotion and marketing of conventional cigarettes. 1 Plaintiff Nicopure Labs, LLC, which…
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