Prohibition Juice fails with court claim that US FDA overstepped its authority

Prohibition Juice has failed in an attempt to get the US Food and Drug Administration (FDA)’s authority over vaping products curtailed. The New York-based e-liquid manufacturer had challenged an FDA market denial order (MDO), asserting that the agency lacked the statutory authority to consider a product’s “relative effectiveness at promoting cessation of combustible cigarette use versus another product with an otherwise similar health risk profile and labelling”.

However, the US Court of Appeals for the District of Columbia Circuit ruled that the FDA did have authority under the Tobacco Control Act to determine whether a product is appropriate for the protection of public health. And that meant an applicant must supply all information concerning investigations which have been made on the health risks of a product, as well as whether a product presents less risk than others.