(CN) — It was a simple but cloudy question: Can the FDA force vape makers to prove their flavored e-liquids help smokers quit better than plain tobacco flavor, without ever telling them that rule existed?
That tension dominated oral arguments Tuesday before a three-judge panel of the Fifth Circuit, where seven small vape-liquid companies are fighting the Food and Drug Administration’s blanket denial of marketing approval for flavored electronic nicotine delivery systems.
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