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Description
This report examines the challenge brought to court by Avail Vapor against the marketing denial order issued by the US Food and Drug Administration (FDA) in response to the company’s premarket tobacco product application.
This is one of the cases that is tracked and analysed in our E-cigarette companies’ court actions against the US FDA tracker.
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- Sources of further information, for example links to full texts of legislation and contact details for relevant government offices.
Table of contents
- Executive summary
- Background
- Timeline
- Arguments by the petitioner (Avail)
- Arguments by the FDA
- Amicus curiae: public participation
- The US Fourth Circuit Court of Appeals decision
- The US Supreme Court decision
Methodology
Our research is completely independent and original. It is conducted by ECigIntelligence’s multilingual legal analysis team, all specialists in this sector, and goes through a rigorous review and editing process before publication. Research draws on multiple sources, including: online and offline resources and data, specialist legal software, our own extensive databases and report archives, interviews with key stakeholders and government officials, and collaboration with local legal firms and on-the-ground professionals in the jurisdictions covered.
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