E-Cigarette Liquid Makers Win Review of FDA Product Block (1)

Two makers of flavored liquid for e-cigarettes will get another chance to obtain FDA approval of their bid to market their products, after the en banc Fifth Circuit Wednesday upended a panel ruling that had denied their requests for review of the agency’s orders.

The agency acted arbitrarily and capriciously in rejecting the premarket tobacco applications of Wages and White Lion Investments LLC, doing business as Triton Distribution, and Vapetasia LLC for FDA approval to sell their products, the US Court of Appeals for the Fifth Circuit ruled.

The agency “sent manufacturers of flavored e-cigarette products on a wild goose ...