5th Circuit Orders Response To FDA Petition For Rehearing Of Menthol Vape Ban

(April 18, 2023, 1:53 PM EDT) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on April 17 ordered a response from a tobacco company to the Food and Drug Administration’s petition for rehearing after the Fifth Circuit stayed FDA’s marketing denial order (MDO) banning sales of the company’s menthol-flavored e-cigarette products, in which FDA asks that the case be reheard en banc with another e-cigarette case in which en banc review is pending....