FDA Defeats Appeal Over Flavored E-Cigarette Marketing Denials

The Food and Drug Administration didn’t overstep its authority when denying Lotus Vaping Technologies LLC’s and Nude Nicotine Inc.'s requests for authorization to market flavored vaping products in the US, a federal appeals court ruled.

The agency concluded the benefits that their e-cigarette products offer to adults trying to quit smoking doesn’t outweigh the risks posed to youth, who could become addicted.

The US Court of Appeals for the Ninth Circuit rejected the companies’ arguments on July 7, agreeing with its sister circuits that the FDA didn’t introduce new evidentiary standards when considering the applications.

The petitioners argued the FDA ...