The 5th Circuit Court of Appeals granted the Vapor Technology Association’s (VTA) unopposed motion to file an amicus brief in support of Petitioners’ Petition for a Rehearing En Banc in the case Wages & White Lion Investments, a/k/a/ Triton Distribution v. FDA.
Recently, a panel of 5th Circuit judges denied Triton Distribution’s appeal of the U.S. Food and Drug Administration’s marketing denial order for its flavored e-liquid products in a 2-1 decision. Thereafter, Triton filed a petition for en banc review, asking the entire 5th Circuit to reconsider the ruling.
The VTA’s amicus brief supports Triton’s request by explaining that it involves issues of “exceptional importance” necessitating review by the entire 5th Circuit Court of Appeals.
The VTA’s amicus brief highlights three key points: economist John Dunham and Associates’ evaluation of the adverse economic impact that the ruling would have if it led to the removal of all flavored open system vaping products from the states comprising the 5th Circuit (Louisiana, Mississippi and Texas); the leading tobacco control scientists who have warned that removing flavors will deter adult smokers from quitting and have recommended limiting the sale of flavored vaping products to adult-only stores; and the results of the VTA’s analysis of the FDA’s compliance data between Jan. 1, 2020, and June 30, 2022, which reveal that the rate of illegal youth sales of cigarettes and cigars are twice the rate of vaping products.