United States DC Circuit
Sottera, Inc. v. FDA, 10-5032
In an action seeking to enjoin the FDA from regulating electronic cigarettes under the Federal Food, Drug, and Cosmetic Act In (FDCA), a preliminary injunction in favor of plaintiffs is affirmed where the FDCA and the Family Smoking Prevention and Tobacco Control Act (Tobacco Act), properly read in light of the Supreme Court’s decision in FDA v. Brown & Williamson, 529 U.S. 120 (2000), located the product under the Tobacco Act.
Appellate Information
- Decided 12/07/2010
- Published 12/07/2010
Judges
- Stephen F. Williams
Court
- United States DC Circuit
Counsel
- For Appellant:
- Alisa B. Klein, William B. Schultz