Avail Vapor, an e-cigarette company, has asked the U.S. Supreme Court to review a lower court’s refusal to review the Food and Drug Administration’s marketing denial order issued for Avail products, it emerged today.
In its petition, known as a writ of certiorari, Avail asks the Supreme Court to consider the legal reasoning and decisions of lower courts.
Among other things, Avail argued in its petition that the FDA’s decision was arbitrary and capricious; Another court sided with another petitioner against the FDA on the same basic argument; The case is important not only for Avail, but also for the industry as a whole and its customers.
The Supreme Court has not yet decided whether to hear Avail’s case.