En Banc 5th Circuit Questions FDA About Whether Vape Companies Were ‘Misled’

Mealey's (May 17, 2023, 10:03 AM EDT) -- NEW ORLEANS — The en banc Fifth Circuit U.S. Court of Appeals on May 16 heard oral arguments from two vape companies and the U.S. Food and Drug Administration regarding whether the companies’ flavored e-liquid products for use with open-tank e-cigarettes were properly banned from the market, with one circuit judge asking if the companies were “misled” and if the case represented an example of “regulation that’s out of control.”...