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Fifth Circuit upholds marketing denial orders for Triton Distributors’ flavored e-cigarette products; ACS CAN applauds decision

SOUTHEAST TEXAS RECORD

Sunday, November 24, 2024

Fifth Circuit upholds marketing denial orders for Triton Distributors’ flavored e-cigarette products; ACS CAN applauds decision

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NEW ORLEANS – On Monday, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of the U.S. Food and Drug Administration in the case of Triton Distribution v. FDA, upholding the agency’s marketing denial order for Triton’s flavored e-cigarette products.  

The FDA issued the MDO after finding that having the products on the market was not in the interest of public health. The American Cancer Society Cancer Action Network filed an amicus brief in support of the FDA when the manufacturer applied for an emergency stay of the MDO, a press release state.

ACS CAN applauds the court’s decision, which requires Triton to end all sales of their flavored e-cigarette products in U.S. markets, the release states.

“The FDA was doing its job when it issued an MDO to Triton requiring it to remove dangerous e-cigarettes like ‘Jimmy the Juice’ and ‘Strawberry Astronaut’ from shelves,” said Lisa Lacasse, president of ACS CAN. “With kid-friendly flavors, this industry is clearly targeting young people to lure them into a lifetime of addiction, a well-proven strategy of Big Tobacco for decades. Additionally, there is no evidence that flavors have any role in helping people who smoke traditional cigarettes quit. What research does show us is kids who use e-cigarettes are more likely to use combustible cigarettes and smoking remains the number one cause of cancer death.”

The press release states that flavored e-cigarette products pose a serious public health risk, especially to young people, and ACS CAN urges the FDA to continue reining in Big Tobacco and the proliferation of flavored e-cigarette products. By working with local, state and federal lawmakers, ACS CAN is working fervently to help end the sale of flavored e-cigarettes products across the country.

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