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Source & Scope of Public Health Legal Powers

Gripum, LLC v. U.S. Food and Drug Administration

Overview

Gripum, LLC v. U.S. Food and Drug Administration (U.S. Court of Appeals, 7th Cir., Aug. 29, 2022): Reviewing an administrative decision by the Food and Drug Administration (FDA) according to the Administrative Procedure Act, the U.S. Court of Appeals, Seventh Circuit, held that the agency did not act in an arbitrary or unreasonable manner in issuing a marketing denial order that prevented Gripum from selling hundreds of flavored liquids for use in e-cigarette devices. The court agreed with the FDA’s finding that the public health benefits of the flavored liquid products were too speculative to outweigh the health risks to youth who would use them, and upheld FDA’s determination. Read the full decision here.

View all cases in the Judicial Trends in Public Health – October 21, 2022.

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