“A Kentucky-based e-cigarette retailer lacks standing to challenge an FDA deadline for regulatory filings on vapor and nicotine products because the deadline was issued by a federal judge, not the government, the Sixth Circuit held Monday. U.S. District Judge Karen Caldwell, an appointee of George W. Bush, sided with the government and ruled that Vapor Stockroom could not sue the FDA because any injury caused by the accelerated deadline was the result of action by the federal judge in Maryland. A three-judge panel of the Sixth Circuit agreed with Caldwell in a brief, 11-page per curiam opinion on Monday. “The Maryland court’s injunction was not an action by the FDA – it was an action taken by the court itself,” the ruling states.”
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Sixth Circuit Tosses Challenge to E-Cigarette Paperwork Deadline
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