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.”
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