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— The legal battle over federal regulations for electronic cigarettes continues to heat up. On Feb. 20, NJOY LLC asked a court to reverse a lower court's decision that blocks e-cigarette companies from describing their products to consumers on the grounds that it violates the First Amendment of the U.S. Constitution and prevents the public from obtaining important health information. In a separate move, Iowa Attorney General Thomas Miller filed his own brief, asking the court to allow manufacturers to provide information to help consumers make informed decisions about their health. Both NJOY and Iowa Attorney General Tom Miller filed amicus briefs with the U.S. Court of Appeals for the District of Columbia. The briefs were filed in support of an appeal filed by another e-cigarette manufacturer, Nicopure Labs LLC, which previously sued the Food and Drug Administration (FDA) in 2016 and is appealing decisions made in that case.  At issue is the FDA's implementation of the Family Smoking Prevention and Tobacco Control Act's Modified Risk Tobacco Product rule that applies the same marketing restrictions as traditional cigarettes to electronic cigarettes. Under the rule, e-cigarette manufacturers can't disclose information that vaping products are less harmful than combustible cigarettes without approval from the FDA. "There is compelling evidence in this case that the FDA's misguided paternalism is not merely constitutionally unjustified, but could also have grave public-health consequences," NJOY said in the brief.

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