On December 10, 2019, the U.S. Court of Appeals for the D.C. Circuit rejected a challenge to an FDA regulation that restricts the truthful speech of e-cigarette manufacturers and retailers. The decision was a setback for WLF, which filed a brief filed in the case. When a coalition of vapor industry manufacturers and retailers brought a First Amendment challenge against FDA, the federal trial court granted judgment in FDA’s favor. Although the court explicitly found that the Deeming Rule constitutes a “clear restriction on truthful and non-misleading speech,” it nonetheless upheld the Rule. The latest ruling from the court of appeals affirms that decision. In its brief, WLF contended that FDA’s Deeming Rule, which requires FDA’s preapproval before manufacturers and retailers may inform the public of vapor products’ uncontested health advantages over traditional tobacco products, constitutes a prior restraint on legally protected speech in violation of the First Amendment.