10th Circuit Affirms FDA Ban Of Vape Products, Deepening Circuit Split

(February 28, 2024, 1:55 PM EST) -- DENVER — The 10th Circuit U.S. Court of Appeals on Feb. 27 affirmed the Food and Drug Administration’s ban of two vape companies’ flavored e-liquid products, siding with several other circuit courts that have found that the FDA properly informed vape companies of its standards for evaluating their products before denying their premarket tobacco application (PMTAs) and ruling that its bans of the petitioners’ products were not arbitrary or capricious....

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