Eric Gotting Quoted in Courthouse News Article on Flavored Vape Regulations

Keller and Heckman Partner Eric Gotting was quoted in the Courthouse News article, “Fifth Circuit grapples with flavored vape regulations.”

The article reports on Fifth Circuit oral arguments over whether the U.S. Food and Drug Administration (FDA) unlawfully denied marketing approval for flavored vaping products by imposing an undisclosed comparative efficacy requirement.

Eric told the panel the FDA’s approach violates both the Tobacco Control Act and the Administrative Procedure Act, and criticized the FDA’s approach as non-individualized, stating, “All it has done is opened up this mass of applications and asked if there is a comparative efficacy study… If the answer is no, you get an MDO. That is it.”

To read the full article, please click here.