Challenging the U.S. deeming rule: the legal options and their chances



  • Executive summary
  • Introduction
  • Judicial challenges
  • Claims most likely to succeed
  • The R.J. Reynolds case
  • Health warning labels
  • Arguing against the health warnings
  • Scientific challenges
  • Congressional relief


In this report, we look at how the U.S. FDA’s final deeming rule looks set to be the subject of a number of legal challenges. This could delay the application of any final regulations by several years, and could ultimately lead to a court setting the deeming rule aside – at least with regard to e-cigs.

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