FDA Loses In Court

[ZenAnarchi]

A bit of good news from the States A Federal Appeals Court has told the FDA to reconsider their entire certification process due to a lawsuit from Triton and Vapetasia eliquid manufacturers.

https://www.reuters.com/legal/fda-ordered-reconsider-denial-approval-vape-products-2024-01-03/

The producers used a huge amount of money to apply to the FDA, and basically, the FDA just denied everyone without reading the applications…politics trump even bureaucratic red tape

 

[Netvaper]

The FDA operate from a starting point of being anti-vaping and everything after that follows on.

 

[thanatocoenosis]

While I applaud this decision, the 5th US Circuit has issued some of the most odious decisions of any recent United States courts. It attempts to imprint its extremist ultra-conservative ideology on the rest of the country, and with the most recent appointments to the Supreme Court, it has mostly been successful.

 

[thanatocoenosis]

For reference, the 5th Circuit issued a ruling 2 days ago that Texas can refuse medically necessary pregnancy terminations.

The motherfuckers on the 5th Circuit are monsters

 

[Toby iVapour]

I'm interested to see if this will have any bearing on the availability of (decent, extensive selection) vape products legally in the future...

Scathing Rebuke for FDA, as Appeals Court Gives Hope for Flavored Vapes
https://filtermag.org/fda-triton-court-rebuke-flavored-vapes/

“This opinion could be a catalyst for meaningful reforms that would benefit both small business manufacturers and adult consumers,” he continued. “However, do not expect positive changes to happen overnight. CTP Director Brian King has spent the majority of his adult life advocating for flavor prohibition. Moreover, the Department of Justice holds considerable power in deciding what the next steps in litigation will be, and the department hates to be told no.”

Other observers are also unsure about the practical impact of the ruling, and what, if anything, is to stop the FDA from arbitrarily rejecting the two companies’ applications once again, given the lack of clear baseline PMTA standards. An authorized flavored product would at least set some kind of bar for what’s required—but there isn’t one.

“The FDA’s next steps are uncertain—whether they will appeal to the Supreme Court or disregard the Fifth Circuit’s reprimand and find other reasons to deny applications,” Conley said. “If the latter occurs, manufacturers are likely to seek redress from the Fifth Circuit again. Given the court’s recent ruling and the tone of their opinion, any future decisions are likely not to favor CTP.”

Most observers agree that the future of US tobacco harm reduction looks brighter than it did before the decision.

 

[Netvaper]

Another bunch of zealots.