En Banc 5th Circuit Grants Rehearing Of Vape Companies’ Challenge To FDA Ban

Mealey's ( January 25, 2023, 1:36 PM EST) -- NEW ORLEANS — The en banc Fifth Circuit U.S. Court of Appeals voted to grant en banc rehearing of two flavored vape companies’ petitions for review of the Food and Drug Administration’s decisions to ban the companies’ e-cigarette and e-liquid products, in a case in which the Fifth Circuit had first stayed enforcement of the FDA’s marketing denial order (MDO) before a split panel reversed course and denied the petitioners’ requests for review....