Azim Chowdhury Quoted in Law360 Article on Vape Companies Challenging FDA Over Flavored E-Cigarette Ban in Fifth Circuit

Keller and Heckman Partner Azim Chowdhury was quoted in the Law360 article, “Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs.” The article notes that eleven vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration (FDA) unlawfully denied approval for their flavored e-cigarette products by ignoring key evidence, including its own survey data showing minimal youth usage.

“We believe this case makes clear that FDA continues to act arbitrarily and capriciously in denying [premarket tobacco applications] submitted by small independent vapor companies,” Azim told Law360. “The agency has effectively imposed a de facto ban on flavored [electronic nicotine delivery systems] without going through proper rulemaking and without weighing all of the evidence, including data showing these products help adult smokers transition away from cigarettes and are not being used by youth.”

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