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Greg Troutman

Greg Troutman

Attorney specializing in FDA and vaping regulation litigation; Sr. Partner at Troutman Law Office, PLLC in Louisville, Kentucky

Jun 30, 2026

1:24
Briefly remind our viewers how the case made it to the Supreme Court, then walk us through the court's ruling and what it means for the U.S. vaping industry.
1:34
Triton case, the wages and white line case, made its way to the Supreme Court, Brent, because the Fifth Circuit en banc panel, that is the entire Fifth Circuit, a vote of 10 to 6, ruled in favor of the industry and ruled that FDA had failed to give proper notice of its comparative efficacy requirement.
1:55
It was the surprise switcheroo that everybody talked about.
2:01
That was the only issue the Supreme Court took up was the fair notice issue.
2:05
The Fifth Circuit did allude to in a footnote that it believed that FDA had imposed a de facto ban which bypassed the Administrative Procedure Act rulemaking process and the APA and the TCA's rulemaking process.
2:23
The Supreme Court did not take that issue up.
2:25
It only took up the fair notice issue.

18 MINS LATER

20:10
With such a huge, massive illicit market, is enforcement even possible?

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