The Fifth Circuit Court of Appeals listened to oral arguments on January 31 about a case that could help to determine the future of the US vape industry.
Eric Heyer, the lawyer for mid-sized e-liquid manufacturer Triton Distribution, argued that the Food and Drug Administration (FDA) acted “arbitrarily” and “capriciously” in denying his client’s premarket tobacco product application (PMTA).
All vapor manufacturers had to file PMTAs for each individual product by September 2020 to stay legally on the market. The FDA, in turn, had until September 2021 to determine whether more than 6 million submissions were “appropriate for the protection of public health” (APPH)—a standard now understood as a product’s likelihood of helping adult smokers switch to a safer alternative rather than introducing a new generation to nicotine.
Alex Norcia – Filter – 2022-01-31.
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