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A federal court has ordered the US Food and Drug Administration (FDA) to reconsider its marketing denial order (MDO) for flavoured e-liquids produced by e-cigarette companies Triton and Vapetasia.
The ruling, issued by the US Court of Appeals for the Fifth Circuit on 3rd January, overturned a previous decision by a panel of three judges from the same New Orleans-based court in July 2022. That decision denied the two companies’ request for judges to vacate the FDA’s MDOs against their products, which the companies had argued showed the agency’s standards were “arbitrary and capricious” – an important legal standard in US law.
