Fifth Circuit Upholds Triton Distributors’ Denial of Marketing Orders for Flavored E-Cigarettes; Products must be removed from shelves

The American Cancer Society Cancer Action Network (ACS CAN) Applauds decision and urges other circuit courts to uphold similar orders for other flavored e-cigarette products. File photo: Aleksandr Yu, Shutter Stock, licensed.

WASHINGTON DC – On Monday, the US Court of Appeals for the Fifth Circuit ruled in favor of the US Food and Drug Administration (FDA) in the case of Triton Distribution v. FDA, upholding the agency’s marketing denial order (MDO) for Triton’s e-cigarette products. The FDA issued the MDO after discovering that having the products on the market was not in the public health interest. ACS CAN filed an amicus curiae (or “friend of the court”) brief in support of the FDA when the manufacturer requested an emergency stay of the MDO.

The American Cancer Society Cancer Action Network (ACS CAN) applauds the court’s decision, which requires Triton to end all sales of its flavored e-cigarette products in US markets. E-cigarette use has exploded in recent years, particularly among young people, and poses significant risks to users’ health and susceptibility to cancer.

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“The FDA was doing its job when it issued an MDO to Triton requiring it to remove dangerous e-cigarettes like ‘Jimmy the Juice’ and ‘Strawberry Astronaut’ from the shelves,” said Lisa Lacasse, president of ACS CAN. “With kid-friendly flavors, this industry is clearly targeting young people to lure them into a lifetime of addiction, a well-proven strategy of Big Tobacco for decades. Also, there is no evidence that flavors play a role in helping people who smoke traditional cigarettes quit. What the research is showing us is that kids who use e-cigarettes are more likely to use combustible cigarettes, and smoking remains the leading cause of cancer deaths.”

Flavored e-cigarette products pose a serious public health risk, especially to youth, and ACS CAN urges the FDA to continue to curb Big Tobacco and the proliferation of flavored e-cigarette products. By working with local, state and federal legislators, ACS CAN is working hard to help end the sale of flavored e-cigarette products across the country.


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About ACS CAN at 20
The American Cancer Society Cancer Action Network (ACS CAN) makes cancer a top priority for policymakers at all levels of government. ACS CAN empowers volunteers across the country to make their voices heard and influence evidence-based public policy change that saves lives. We believe that everyone should have a fair and fair chance to prevent, find, treat and survive cancer. Since 2001, as a nonprofit, nonpartisan advocacy affiliate of the American Cancer Society, ACS CAN has successfully advocated for billions of dollars in funding for cancer research, expanded access to affordable health care from quality and has made workplaces, including restaurants and bars, smoke-free. As we mark our 20th anniversary, we are more determined than ever to stand with our volunteers and save more lives from cancer. Join the fight by visiting www.fightcancer.org.

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