DC Circuit - The FindLaw DC Circuit Court of Appeals Opinion Summaries Blog

April 2014 Archives

FDA to Regulate E-Cigarettes as Tobacco Products

Back in 2010, the D.C. Circuit Court ruled that the FDA did not have the authority to regulate e-cigs as medical devices as long as they weren't marketed with therapeutic claims -- as in, "it'll help you quit smoking." Well, when the D.C. Circuit closes one door, the FDA breaks open a window.

The FDA is set to begin regulating e-cigs as tobacco products, the Los Angeles Times reports. Today the FDA proposed rules that would ban the sale of e-cigarettes to minors (already outlawed in some states), while continuing to allow advertising, online sales (presumably with online age verification), and flavored liquids that might or might not appeal to children.

The proposed regulation would also require that e-cigarette packaging carry the following message:

D.C. Circuit Roundup: Conflict Minerals, Trolls, and Filibusted

It's been a busy and exciting week in the D.C. Circuit, with important decisions in a variety of cases, from conflict mineral disclosure regulations, to copyright trolls' jankety joinder, plus a failed attempt to "fix" the filibuster through the courts.

Ready for a surprisingly exciting D.C. Circuit roundup? Read on:

D.C. Circuit Panel Skeptical of IRS in Obamacare Subsidy Lawsuit

We teased the premise of the Obamacare subsides lawsuits back in October on our U.S. Supreme Court blog, but since then, one of the cases has proceeded all the way through oral arguments at the D.C. Circuit.

Last week, while the Supreme Court was hearing oral arguments in the contraception mandate lawsuit, the D.C. Circuit was hearing its own oral arguments in Halbig v. Sebelius (the subsidy dispute), with two of the three judges appearing to be inclined to side against the IRS and Obamacare.

Should the subsidies collapse, not only would that kill demand for insurance on the exchanges, but it would also wipe out the employer mandate, which is triggered by at least one employee receiving a subsidy on the marketplace.