US FDA ordered by federal court to reconsider Triton and Vapetasia’s MDOs

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.

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Tiziana Cauli

Senior reporter/health & science editor
Tiziana is an Italian journalist from Sardinia. She has worked for both international and local media in Italy, South Africa, France, Spain, the UK, Lebanon and Belgium. She also worked as a communications manager for several international NGOs in the humanitarian sector. Tiziana holds a degree in Political Science and a PhD in African Studies from the University of Cagliari and she’s a graduate of the Carlo De Martino school of journalism in Milan.

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