The case is the first to be decided by a federal appeals court, among a set of lawsuits filed throughout the country.
The three-judge panel unanimously rejected arguments from the industry, calling the FDA’s decision “entirely rational and nonarbitrary” to require that before ane-cigarette can be marketed, its manufacturer must show that it is selling “consistent with public health.”
In a 48-page opinion, the judges also disagreed with the industry’s position that the ban on the distribution of free samples of tobacco products, including e-cigarettes, is unconstitutional and violates the First Amendment.
Ann E. Marimow – Washington Post – Dec. 10, 2019.