Lawyers for electronic cigarette distributors told a federal judge on Monday that their clients do not market their products as a way to quit smoking, and that the Food and Drug Administration was acting like “a dog chasing its own tail” as it tried to explain why it was barring shipments of the devices into the United States.
Appearing Monday afternoon at the U.S. District Court for the District of Columbia, attorneys for Smoking Everywhere and NJoy asked Judge Richard Leon for a preliminary injunction that would lift the FDA’s embargo on their products. The companies sued the FDA in April, claiming the agency had erroneously classified e-cigarettes as unapproved drug devices, and banned imports of them into the states.
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