Appeals Court Dismisses Industry Appeal of AAP’s E-Cigarette Court Victory

On Monday May 4, 2020, the U.S. Court of Appeals for the Fourth Circuit dismissed the tobacco industry’s appeal of the case American Academy of Pediatrics (AAP) won against the Food and Drug Administration (FDA) for failing to regulate e-cigarettes. The ruling affirms the impending court-ordered deadline—originally May 12 though delayed to September 9 in light of COVID-19—for FDA to begin public health review for e-cigarettes. This deadline was originally imposed by a federal district court after it agreed with AAP’s argument that FDA had acted unlawfully by delaying this process for four years. Since the appeals court dismissed the industry’s appeal, this is likely the end of the line for industry’s challenges to further delay public health review of e-cigarettes. AAP is now turning attention to ensuring FDA conducts these reviews appropriately to protect young people from the harms posed by tobacco products.