
Greg Troutman
Attorney specializing in FDA and vaping regulation litigation; Sr. Partner at Troutman Law Office, PLLC in Louisville, Kentucky
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Jun 30, 2026
BATTLEGROUND VAPE | U.S. Vaping Industry Continues Court Fight | RegWatch
1:24
1:34
2:05

Brent StaffordHOST
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.

Greg TroutmanGUEST
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.

Greg TroutmanGUEST
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.
18 MINS LATER