An en banc Fifth Circuit decision rebuking the FDA’s denial of two e-cigarette product applications could usher in a chance for the US Supreme Court to hear a case this term on how the agency regulates vaping products.
The high court has yet to agree to review a case involving vaping device manufacturers litigating the Food and Drug Administration’s denial of some premarket flavored electronic cigarette product applications, but the ruling from a conservative federal court could change that.
The US Court of Appeals for the Fifth Circuit said last week the FDA acted arbitrarily and capriciously when it rejected ...
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