Vape Liquid Maker Backs Fifth Circuit Venue in FDA Review Suit

A Washington vape manufacturer is urging that the Fifth Circuit is the proper venue for its case challenging the FDA for rejecting its marketing applications for flavored e-liquids.

Vertigo Vapor Inc. is opposing a motion to dismiss filed by the Food and Drug Administration after the agency said the venue is improper before the US Court of Appeals for the Fifth Circuit.

Vertigo Vapor is seeking a review of the FDA’s marketing denial order for its electronic nicotine products, arguing the agency’s actions are arbitrary and capricious and violate the Tobacco Control Act. The manufacturer, with Max & Zach’s Vapor ...