Vape Retailer Avail Loses Challenge To Denial Of FDA Approval

The FDA has denied more than 55,000 applications from e-cigarette products

A seller of flavored liquid used in e-cigarettes has lost its appeal of the U.S. Food and Drug Administration’s refusal to approve its products, the latest in a series of court orders upholding the agency’s tightening regulation of the e-cigarette industry.

A unanimous panel of the 4th U.S. Circuit Court of Appeals on Monday found that the FDA had acted within its authority as it tackled the “daunting task of ensuring that another generation of Americans does not become addicted to nicotine and tobacco products,” rebuffing an appeal from Virginia-based Avail Vapor LLC.

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