Toby iVapour
Vendor
- Joined
- Jul 12, 2012
- Messages
- 1,659
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Vapes: Supreme Court will decide if FDA unfairly blocked marketing of flavored e-cigarettes
Manufacturers argue the federal government has imposed a de facto ban on e-cigarettes meant to taste like candy, fruit and desserts.
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After the companies "spent untold millions" to comply with the approval process, the appeals court said, the FDA "imposed new testing requirements without any notice."
"Worse, after telling manufacturers that their marketing plans were `critical' to their applications, FDA candidly admitted that it did not read a single word of the one million plans," the court wrote.
The FDA rejected the applications by the two companies, along with more than one million other products, according to court records. The FDA has approved only 27 e-cigarette products, all tobacco or menthol flavored.
![vaping360.com](https://a1.vaping360.com/us_supreme_court_entrance_a65ee2a591.jpg?auto=compress,format&w=250&h=250&fit=clamp&sat=0&crop=edges)
Supreme Court Will Hear Triton Appeal
The Supreme Court has agreed to review a lower court ruling that found the FDA improperly denied marketing applications by a vaping manufacturer.
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The decision to hear the Triton case comes just four days after a long-anticipated Supreme Court ruling ended so-called Chevron deference—the doctrine that forced courts to give federal agencies the benefit of the doubt when challenged in court regarding their interpretations of ambiguous laws. Several courts have ruled against vaping businesses and in favor of the FDA, based on Chevron deference.
Both the Supreme Court’s future Triton decision and the overturning of Chevron deference could have major impacts on other vape industry legal challenges, and could even force the FDA to modify its regulatory processes.
![vaping360.com](https://a1.vaping360.com/supreme_court_chambers_85441ce3d8.jpg?auto=compress,format&w=250&h=250&fit=clamp&sat=0&crop=edges)
Supreme Court Chevron Ruling Could Impact FDA Vaping Rules
The Supreme Court has ruled to end so-called Chevron deference, which gave federal agencies an advantage when defending regulations in court.
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![vaping360.com](https://a1.vaping360.com/e_liquid_bottles_1_e1b350e89a.jpg?auto=compress,format&w=250&h=250&fit=clamp&sat=0&crop=edges)
Vape Companies vs FDA: Appeals and Legal Actions
Dozens of vaping manufacturers have taken legal action to challenge FDA marketing denials of products submitted for premarket review.
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