Defeat for Gripum as US appeal court backs FDA’s marketing denial order

The early legal success of the vaping company Gripum against the US Food and Drug Administration (FDA) over its marketing denial order (MDO) has given way to a major defeat, with an appellate court concluding the company “simply failed to meet” the agency’s properly applied standards.

According to a 13-page order from the US Court of Appeals for the Seventh Circuit, “In adjudicating Gripum’s application, the FDA hewed to the statutory standard and issued a reasoned marketing denial order. Its determination that Gripum’s products lack a clear benefit to current tobacco users was not arbitrary or unreasonable.”