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E-Cig Liquid Makers Lose Bid for Review of FDA Product Block

July 18, 2022, 11:51 PM

Two makers of flavored liquid for e-cigarettes lost their bid to force the FDA to allow them to market their products, after the Fifth Circuit denied their requests Monday for review of the agency’s orders.

Wages and White Lion Investments LLC, doing business as Triton Distribution, and Vapetasia LLC didn’t show that the Food and Drug Administration acted arbitrarily or capriciously when it rejected their premarket tobacco product applications, the US Court of Appeals for the Fifth Circuit said.

The companies “sought approval for products that came in flavors like sour grape, pink lemonade, crème brulee, peachy strawberry, milk ...