Lawyers Ask Judge To Lift Ban On Electronic Cigarettes

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The National Law Journal reports lawyers for electronic cigarette distributors told a federal judge on Monday that their clients do not market their products as a way to quit smoking, and that the Food and Drug Administration was acting like "a dog chasing its own tail" as it tried to explain why it was barring shipments of the devices into the United States.

Appearing Monday afternoon at the US District Court for the District of Columbia, attorneys for Smoking Everywhere and NJoy asked Judge Richard Leon for a preliminary injunction that would lift the FDA's embargo on their products. The companies sued the FDA in April, claiming the agency had erroneously classified e-cigarettes as unapproved drug devices, and banned imports of them into the states.

Justice Department attorney Drake Cutini, representing the FDA, contended that the e-cigarette companies were marketing their products using health claims, including customer testimonials that the devices helped them quit smoking.

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