In its Dec. 20 filing the FDA requests that the full appellate court reinstate a stay of the preliminary injunction, pending a request for a rehearing of the case, the Journal reported. In the appeal, the agency also argues that the three-panels decision rests on a clear error of law and will undermine objectives that were laid out by Congress when it passed legislation that empowered the FDA to regulate tobacco products.
FDA Continues Push to Regulate E-Cigarettes
FDA Continues Push to Regulate E-Cigarettes