FDA Wants 5th Circuit To Rehear Stay Of Menthol Vape Ban En Banc

Mealey's (May 8, 2023, 11:26 AM EDT) -- NEW ORLEANS — The Food and Drug Administration in a May 5 reply in support of rehearing says the Fifth Circuit U.S. Court of Appeals should rehear the FDA’s stayed marketing denial order (MDO) banning sales of a tobacco company’s menthol-flavored e-cigarette products with another e-cigarette MDO case in which en banc review is pending, writing that both cases relate to tobacco company arguments “that FDA effectively banned non-tobacco-flavored e-cigarettes through an undisclosed tobacco product standard.”...