FDA Scores Another Win in Battle Against Flavored E-Cigarettes

Avail Vapor LLC lost its challenge to the Food and Drug Administration’s denial of its premarket tobacco product application for new flavored electronic cigarettes, after the Fourth Circuit sided with the federal agency Monday.

Avail failed to disprove the FDA’s conclusion that its products pose a serious risk to youth without enough offsetting benefits to adults, the US Court of Appeals for the Fourth Circuit.

The holding is the latest victory for the FDA as it fights the negative effects flavored cigarettes have on young smokers. The D.C. Circuit ruled in July that the FDA’s denial of a premarket tobacco ...