E-Cigarette Liquid Makers Lose Market Review in Tenth Circuit

Feb. 27, 2024, 9:32 PM UTC

The FDA didn’t mislead two makers of flavored liquids for e-cigarettes when the agency denied their applications to market their products, a federal appeals court ruled Tuesday.

The US Court of Appeals for the Tenth Circuit backed the Food and Drug Administration’s decision to toss the marketing applications for flavored liquids for e-cigarettes from Electric Clouds Inc. and Cloud 9 Vapor Products LLC.

The two manufacturers requested judicial review of the FDA’s denials, which involved products bearing names such as Ice Cream Dream, Berries Gone Wild, Cap’n Berry Crack, Banana Colada, Apple Pie, and Candy Man.

The FDA took action ...

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