Menthol E-Cigarette Maker Fights FDA Market Ban at Third Circuit

The FDA defended its first-ever marketing denial orders for menthol e-cigarette products in court Tuesday after manufacturer Logic Technology Development LLC challenged the regulator’s action as arbitrary and capricious.

Logic brought its petition against the Food and Drug Administration to the US Court of Appeals for the Third Circuit, which heard oral arguments Tuesday on whether the agency acted properly when it barred sales of the Logic Pro Menthol e-Liquid Package and Logic Power Menthol e-Liquid Package.

The Third Circuit entered a stay on the FDA’s orders last December.

The company contends the FDA evaluation process is “irrational,” and—in court—attorney ...