Avail Vapor Seeks U.S. Supreme Court Review of Marketing Denial Order Case

According to reports today, vape company Avail Vapor has asked the U.S. Supreme Court to review a lower court’s refusal to reconsider the Food and Drug Administration’s marketing denial order issued against Avail products.

In its petition for certiorari, Avail asked the Supreme Court to examine the lower court’s legal reasoning and decision.

Among other arguments, Avail contends in its petition that the FDA’s decision-making was arbitrary and capricious; that another court sided with a different petitioner challenging the FDA based on the same core arguments; and that the case is significant not only for Avail, but also for the entire industry and its customers.

The Supreme Court has not yet decided whether it will hear Avail’s case.