5th Circuit Rules in Favor of Vape Companies, Criticizes FDA’s ‘Regulatory Switcheroos’

In a legal setback to the regulatory regime surrounding vape pens, the 5th U.S. Circuit Court of Appeals has sided with vape companies challenging the Food and Drug Administration’s (FDA) rejection of its product applications, criticizing the federal agency for sending e-cigarettes makers “on a wild goose chase.” The long-awaited court decision, handed down on Jan. 3 by a full panel of the 5th Circuit judges, found that the FDA acted “arbitrarily and capriciously” when it required vape companies Triton and Vapetasia to submit marketing plans without ever actually considering approval of their products. “Over several years, the Food and Drug Administration sent manufacturers of flavored e-cigarette products on a wild goose chase,” wrote Judge Andrew Oldham, an appointee of President Donald Trump, for the circuit court’s 10–6 majority opinion....