Eric Gotting Quoted in Law360 Article on Unlawful FDA Denial of E-Cig

Keller and Heckman Partner Eric Gotting was quoted in the Law360 article, “Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful.” The article notes that the U.S. Food and Drug Administration’s (FDA) decision to deny Bidi Vapor’s application to market a disposable e-cigarette was “arbitrary and capricious and unlawful,” according to Eric. He argued that the agency admitted adult smokers would likely switch to Bidi’s safer product, but then failed to see that as a benefit in its analysis of the application.

He also pointed out that FDA’s conclusion that individuals using the Bidi product would inhale 96% more nicotine compared to a combustible cigarette was incorrect. “Three times in their brief, they equated a single Bidi stick to a single cigarette,” he said. “That is incorrect. Our label says you should be using one Bidi stick a week, which is equal to about two packs of cigarettes.”

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