Eighth Circuit Denies Electronic Cigarette Maker’s Petition

A federal appeals court found that the Food and Drug Administration didn’t act arbitrarily when it denied an e-cigarette manufacturer’s application to bring menthol-flavored vaping devices to market.

The US Court of Appeals for the Eighth Circuit on Thursday upheld the FDA’s denial of SWT Global Supply Inc.’s premarket tobacco product application after finding that the agency was right to demand that the company provide “’[r]eliable and robust data’ that menthol-flavored” electronic nicotine delivery system (ENDS) products “would attract adults away from combustible cigarettes over time” and “diminish the overall harm caused by the products’ risk to youth.”

SWT Global ...