Court Confirms FDA’s Authority Over Vaping Products

A U.S. appeals court endorsed the Food and Drug Administration’s  authority over vaping products in a case challenging a marketing denial order (MDO), reports ECigIntelligence.  

New York-based Prohibition Juice had disputed an 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 labeling.”

However, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the FDA is entitled 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 that have been made on the health risks of a product as well as whether a product presents less risk than others.