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CONGRESS

Nicotine-pouch reporting, research and analysis connected to CONGRESS.

regulation

Court clips FDA’s tobacco authority — nicotine pouch rules could be next

A federal appeals court ruled the FDA exceeded its authority by requiring 11 graphic cigarette warnings — Congress only authorized nine. The same legal theory — that the agency went beyond what Congress allowed — is being used to challenge the FDA’s nicotine pouch enforcement guidance in a separate lawsuit.