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An FDA rule that took effect in 2016 deemed e-cigarettes to be tobacco products, like traditional cigarettes, topic to company assessment under a 2009 federal regulation called the Tobacco Control Act, and said manufacturers of the products would need to use for approval to continue selling them. In January, the total slate of 5th Circuit judges ruled 10-6 that the FDA had been arbitrary and capricious, in violation of a federal law known as the Administrative Procedure Act, by denying the purposes without considering plans by the businesses to forestall underage entry and use.

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