US - Federal: The US Court of Appeals for the DC Circuit has found that the US Food and Drug Administration (FDA) failed to conduct the proper analyses before rejecting some vaping product applications. The court’s unanimous decision in
Fontem US vs FDA upheld the FDA’s denial of Fontem’s application to market flavoured vaping products. However, it rejected the FDA’s denial of Fontem’s applications for unflavoured products, ruling that the FDA had “neglected to conduct the overall public health review specified by law”. The opinion states: “While the FDA identified multiple ‘deficiencies’, it failed to analyse the trade-offs necessary to make a public health finding. Nor did the agency explain how the specific deficiencies relate to its overall conclusion that Fontem failed to demonstrate its unflavoured products were appropriate for the protection of public health.”