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October 21, 2022

DOJ Seeks Permanent Injunctions Against Six E-Cigarette Manufacturers on Behalf of the FDA

On October 18, the DOJ filed complaints for permanent injunctive relief against six e-cigarette manufacturers in several federal district courts.  The complaints allege  failure to comply with the FDA’s premarket review requirements for new tobacco products. The Federal Drug, Food and Cosmetic Act requires manufacturers to submit an application for approval, even if the product was already being sold. Since the rule has come into effect, the FDA has issued over 300 warnings to multiple e-cigarette manufacturers, and several of the manufacturers have removed their products from the market.

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