Supporting FDA in Marketing Denial Order

October 18, 2021

The Food and Drug Administration (FDA) issued a marketing denial order (MDO) to Triton for flavored e-cigarette products that included Jimmy the Juice Man, Strawberry Astronaut, and Chew Clouds Sour Grape, finding these products not in the interest of public health, which forces them off the market.  Triton filed an emergency lawsuit in an attempt to get a stay on the MDO; it is the first case in which a court will decide an industry motion to stay an MDO. 
ACS CAN joined an amicus brief supporting FDA's decision to issue an MDO by providing the court with scientific data on the epidemic of e-cigarettes by children: e-cigarettes are the most popular tobacco product among youth, with more than two million young people reporting current e-cigarette use in 2021.  It also provides background on how the tobacco industry has long understood that almost all new tobacco users begin their addiction as children, and that flavored products are essential to successfully market the products to young people. In 2021, over 80% of youth e-cigarette users used a flavored product. By contrast, there is little evidence that flavors have any role in helping cigarette smokers quit. Thus, Triton’s products should not be permitted to remain on the market during the litigation, because they pose significant risk children with no countervailing public health benefit.  The case Triton Distributors v. FDA.