One judge of three seems receptive to Triton’s argument against FDA decision

E-liquid provider Triton Distribution may have made some progress in its attempt to convince three federal appellate court judges that the US Food and Drug Administration (FDA) was “arbitrary and capricious” in denying its flavoured vaping products application.

A lawyer for the company argued that the FDA decision was effectively part of a blanket ban on flavours during the ongoing review process for premarket tobacco product applications (PMTAs).


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