Turning Point Brands today petitioned a federal court to review the FDA’s marketing denial of its flavored e-liquids.
The action represents what could be a wider legal response from the independent vaping industry, challenging the FDA’s effective ban on products in flavors other than tobacco and menthol.
The petition asks the Sixth U.S. Circuit Court of Appeals to review Marketing Denial Orders (MDOs) of Premarket Tobacco Applications (PMTAs) for various flavored e-liquids made by Turning Point Brands (TPB) and sold under the Solace, VaporFi and Vapor Shark brands.
TPB asks the court to review the FDA order “on the grounds that it is arbitrary and capricious, an abuse of discretion, contrary to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking Prevention and Tobacco Control Act of 2009, and otherwise not in accordance with law.”
Jim McDonald – Vaping360.com – 2021-09-23.