Federal Appeals Court Orders FDA to Reconsider E-Cigarette Marketing Ban

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Federal Appeals Court Orders FDA to Reconsider E-Cigarette Marketing Ban
US appeals court orders FDA to reconsider ban on e-cigarette flavor marketing plans, overturning previous decision made in July 2022.

Reuters reported on January 3rd that the Federal Appeals Court ordered the U.S. Food and Drug Administration (FDA) to reconsider its decision to ban the marketing plans of two e-cigarette e-liquid manufacturers.


The decision was made by a court based in New Orleans, with 5 out of 9 judges voting to overturn the ban that was imposed in July 2022.


The court, led by Judge Andrew Oldham, appointed by former Republican President Donald Trump, has ruled in a majority vote that the FDA requested e-cigarette manufacturers to provide detailed marketing plans to prevent teenage abuse. However, they later rejected their marketing plans without conducting a review.


Oldham pointed out that this does not comply with the FDA's obligation to "hold businesses accountable.


The lawyers representing e-cigarette manufacturers, Triton Distribution Company and Vapetasia LLC, expressed satisfaction with the court's decision, hoping that it will prompt the FDA to provide clear instructions on how businesses should obtain marketing authorization.


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