High Court Overturns En Banc 5th Circuit’s Vacatur Of FDA Flavored E-Liquid Bans

( April 2, 2025, 11:56 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on April 2 unanimously reversed the en banc Fifth Circuit U.S. Court of Appeals’ reversal of U.S. Food and Drug Administration bans of certain flavored e-liquids intended for use with e-cigarettes after finding the FDA’s bans were “consistent” with its guidance to manufacturers.  The high court declined to address whether the FDA improperly changed its standards while reviewing manufacturers’ applications for approval and remanded the case for a new “harmless error” review....