5th Circuit Keeps RJR Menthol Vapes On Market, Cites FDA’s ‘Secret’ Flavor Ban

Mealey's ( March 24, 2023, 9:42 AM EDT) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on March 23 granted two consolidated petitions to stay the Food and Drug Administration’s marketing denial order (MDO) banning sales of a tobacco company’s menthol-flavored e-cigarette products pending appeal after finding the company likely to succeed in its argument that the FDA imposed a “secret” ban of all flavored e-cigarettes without notifying e-cigarette manufacturers....

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