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Sottera, Inc. v. Federal Drug Administration

United States Court of Appeals for the District of Columbia Circuit

627 F.3d 891 (2010)

Facts

NJOY (plaintiff) sold e-cigarettes, a product derived from tobacco that allowed users to inhale vaporized nicotine. The Food and Drug Administration (defendant) sought to regulate e-cigarettes as drugs or devices under the Federal Food, Drug, and Cosmetic Act. NJOY sued, arguing that it did not market e-cigarettes as therapeutic and that they should only be regulated under the Family Smoking Prevention and Tobacco Act. The district court agreed, and the Food and Drug Administration appealed.

Rule of Law

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Issue

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Holding and Reasoning (Williams, J.)

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Concurrence (Garland, J.)

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