FDA Scores Win Over Vaping Market Denial Order of Bidi Vapor

The FDA notched a win Thursday when a federal appeals court ruled the agency lawfully denied an e-cigarette manufacturer’s application to market vaping products.

The Food and Drug Administration didn’t act arbitrarily and capriciously when it rejected a premarket tobacco application from Bidi Vapor LLC, the US Court of Appeals for the Eleventh Circuit said. The order rejects Bidi Vapor’s petition to review the FDA’s decision.

“The FDA’s analysis regarding the abuse liability deficiency examined the relevant data and articulated a satisfactory explanation for its actions, connecting its factfinding to its decision to issue a Marketing Denial Order,” Judge ...