En Banc 5th Circuit Remands FDA Vape Ban Orders, Cites ‘Regulatory Switcheroos’

Mealey's ( January 4, 2024, 11:00 AM EST) -- NEW ORLEANS — The en banc Fifth Circuit U.S. Court of Appeals on Jan. 3 ruled by majority that the Food and Drug Administration acted arbitrarily and capriciously by banning two vape companies’ products from the market, writing that the FDA “sent manufacturers of flavored e-cigarette products on a wild goose chase” with its instructions for seeking regulatory approval and rejecting its argument that any error was harmless....