The Food and Drug Administration (FDA) has been ordered to reconsider its decision to bar two makers of flavored liquid for e-cigarettes from marketing their products. The order was issued by the New Orleans-based 5th U.S. Circuit Court of Appeals. It reversed a previous decision made by a three-judge panel of that court in July 2022, reported Reuters.

The two companies that petitioned for appeal are Triton Distribution and Vapetasia LLC.

Circuit Judge Andrew Oldham, Reuters noted, wrote that the FDA had denied these applications without first looking at plans for how the companies’ marketing efforts would prevent youth abuse.

Preventing youth tobacco abuse is one of the foremost goals of the FDA and one of the primary factors in deciding whether or not to grant a company marketing approval. Whether a product benefits adults or not is another factor.

To date, the FDA has only issued 23 marketing granted orders to vape products, all of which are tobacco flavored.

Triton and Vapetasia had applied to market products with fun flavors, including pink lemonade and milk and cookies, and catchy names such as “Jimmy The Juice Man Strawberry Astronaut” and “Suicide Bunny Bunny Season,” Reuters reported.

Over 1 million applications have been rejected, Triton’s and Vapetasia’s included, and vape product companies continue to look for ways to satisfy the FDA’s marketing guidelines.