In January, U.S. District Judge Richard J. Leon sided
WASHINGTON—The Food and Drug Administration is appealing a federal judge’s ruling that the agency doesn’t have the authority to regulate electronic cigarettes.
The FDA on Monday night asked a federal appeals court in Washington to immediately stay an order that prevented the agency from blocking electronic cigarettes from entering the country.
The FDA said it does have the authority to regulate some products containing nicotine as though they are drugs and devices, such as nicotine patches and nicotine lollipops. The agency said the judge was “quite wrong to believe that no injury would result from the use of these harmful and addictive products.”
The case is testing the reach of FDA’s regulatory powers, and the agency and public health advocates have said it could have severe public health implications.
In January, U.S. District Judge Richard J. Leon sided with electronic-cigarette makers Smoking Everywhere Inc. and NJoy in finding that the FDA has no authority to regulate the products and can’t stop them from entering the country. His opinion came with a preliminary injunction that allowed Smoking Everywhere and NJoy to continue importing their products into the country.
