Split 5th Circuit Panel Says FDA Properly Banned Companies’ Flavored Vapes

Mealey's (July 20, 2022, 1:04 PM EDT) -- NEW ORLEANS — In an about-face from a 2021 order finding that the Food and Drug Administration made a “surprise switcheroo” in the standards upon which it banned sales of certain flavored e-cigarettes, a split Fifth Circuit U.S. Court of Appeals panel on July 18 found that the FDA acted within its authority in banning two vape companies’ products for a lack of scientific studies demonstrating efficacy promoting smoking cessation....

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