U.S. rules for marketing e-cigarettes withstood a legal challenge by a maker of the devices and an industry group.

A federal appeals court in Washington upheld the Food and Drug Administration’s regulatory authority over electronic cigarettes, which deliver to users a vaporized form of nicotine. The ruling in a lawsuit brought by e-cigarette maker Nicopure Labs and an industry group affirms the FDA’s power at a time when the agency is expected to announce restrictions on flavors, which have become the focus of proposed legislation and lawsuits claiming they are used to hook children on nicotine.

The unanimous three-judge panel said on Tuesday that the agency’s application to e-cigarettes of rules governing tobacco marketing was rational because the new products “are indisputably highly addictive and pose health risks, especially to youth, that are not well understood.”

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Andrew M Harris and Gerald Porter Jr. – Bloomberg – December 10, 2019.

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