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Supreme Court, in 5-4 decision, rules that Congress did not give FDA such authority December 2008: FDA, after detaining import shipments of e-cigarettes, declares they're unapproved drug delivery devices April 2009: E-cigarette distributor Smoking Everywhere files suit against the FDA, joined a month later by Sottera (doing business as NJOY) June 2009: Congress passes law granting FDA authority to regulate tobacco products January 2010: U.S

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This prolonged effect also means a higher likelihood of overdose

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