E-Cigarette Distributors Drop Challenge to FDA ‘Deeming’ Rule

Three vape companies won’t press their suit in federal court in Alabama hoping to get a result that’s different from the D.C. Circuit’s recent decision upholding government rules for marketing e-cigarettes.

Judge Myron H. Thompson of the U.S. District Court for the Middle District of Alabama dismissed the suit by Cyclops Vapor 2 LLC and other electronic cigarette distributors Wednesday, after they agreed not to proceed against the U.S. Food and Drug Administration.

The companies sued in 2016 to stop a rule deeming e-cigarettes, e-liquids, and other items “tobacco products” under the Tobacco Control Act.

The FDA’s premarket approval process ...