"(Reuters) - Triton Distribution can continue selling its flavored e-cigarettes, a federal appeals court has ruled, despite the U.S. Food and Drug Administration's decision to the contrary.
In a unanimous opinion on Tuesday, the 5th U.S. Circuit Court of Appeals said that when the FDA last month denied the Richardson, Texas-based company's application to sell its products, the agency did not give adequate consideration to Triton's marketing plan to reduce the products' appeal to youth.
The court found the FDA pulled a "surprise switcheroo" from earlier guidance stating that manufacturers would not need long-term studies to support e-cigarette applications.
Triton's products were among the roughly 55,000 e-cigarettes the FDA earlier this year declined to approve, after requiring manufacturers to apply for approval of their existing products under a 2016 rule deeming them subject to regulation as tobacco products.
A spokesperson for the FDA declined to comment on Tuesday's decision, as did Triton's attorney, Eric Heyer of Thompson Hine...."
Texas company can keep selling flavored e-cigs, 5th Circuit rules
Remember tha old expression "this calls for a cigar"? -- Hell no, its time to break out or buy another bottle of that vape juice you always wanted to try !!!
In a unanimous opinion on Tuesday, the 5th U.S. Circuit Court of Appeals said that when the FDA last month denied the Richardson, Texas-based company's application to sell its products, the agency did not give adequate consideration to Triton's marketing plan to reduce the products' appeal to youth.
The court found the FDA pulled a "surprise switcheroo" from earlier guidance stating that manufacturers would not need long-term studies to support e-cigarette applications.
Triton's products were among the roughly 55,000 e-cigarettes the FDA earlier this year declined to approve, after requiring manufacturers to apply for approval of their existing products under a 2016 rule deeming them subject to regulation as tobacco products.
A spokesperson for the FDA declined to comment on Tuesday's decision, as did Triton's attorney, Eric Heyer of Thompson Hine...."
Texas company can keep selling flavored e-cigs, 5th Circuit rules
Remember tha old expression "this calls for a cigar"? -- Hell no, its time to break out or buy another bottle of that vape juice you always wanted to try !!!
