Suit adds to FDA challenge

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Tobacco companies, acting quickly after the Food & Drug Administration unveiled its final rules for restrictions on tobacco marketing, have amended their year-old complaint challenging the FDA's authority regulate tobacco. The amended complaint, filed in federal court in Greensboro, N.C., contends Congress never gave the FDA the power to regulate tobacco. Further, the suit charges the FDA failed to follow its own device classification rules in classifying cigarettes as "a nicotine delivery device" and said FDA has relied on "anecdotal" rather than scientific information. The judge said first briefs are due Oct. 15 with oral arguments set for next Feb. 10.

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