Fifth Circuit Sends E-Cig Marketing Denial Orders Back to FDA

Five e-cigarettes manufacturers will get another chance to have their marketing applications reviewed by the FDA after the Fifth Circuit on Wednesday set aside the agency’s marketing denial orders.

The US Court of Appeals for the Fifth Circuit in a consolidated case rejected the Food and Drug Administration’s denials for the five manufacturers after finding the agency acted no differently in a similar case it ruled on in January.

The court largely based its opinion in light of its en banc decision in Wages & White Lion Invs., L.L.C. v. FDA, which ruled the FDA’s denial of the premarket ...