Bloomberg Law
Aug. 23, 2022, 10:26 PM

Vapor Marketing Denials by FDA Found Arbitrary by Appeals Court

Celine Castronuovo
Celine Castronuovo

The FDA must take another look at applications from six e-cigarette manufacturers after the Eleventh Circuit ruled Tuesday that the agency failed to adequately consider the companies’ marketing plans.

The US Court of Appeals for the Eleventh Circuit granted petitions for review filed by Bidi Vapor LLC, Diamond Vapor LLC, and four other companies challenging the Food and Drug Administration’s rejection of their e-cigarette applications. The agency didn’t assess “the companies’ marketing and sales-access-restriction plans designed to minimize youth exposure and access,” Chief Judge William Pryor wrote in an opinion setting the FDA’s orders aside.

The FDA has said that ...