Good News: Courts Back FDA Regulatory Authority for E-Cigarettes

September 29, 2022

ISMS joined successful amicus brief supporting the FDA

The U.S. Court of Appeals for the Seventh Circuit recently issued a favorable ruling in a case that hinged on whether the Food and Drug Administration (FDA) acted lawfully when the agency denied marketing approval for products related to e-cigarettes.

The case involves Gripum LLC, a company that sells candy and fruit flavored liquids for use in e-cigarettes. Gripum wanted to market its flavored liquid products and needed FDA approval. But the FDA denied the approval, reasoning that Gripum had failed to demonstrate public-health benefits. When Gripum petitioned for review of the FDA’s decision, the Seventh Circuit ruled to deny Gripum’s petition.

ISMS supported an amicus brief, which was filed with the Seventh Circuit showing evidence of the negative impact of flavored liquids for use in e-cigarettes – especially on young people.

This win further advances ISMS policy to ban or prohibit the sale of flavored tobacco e-cigarettes to protect children from the dangers of tobacco.