Flavored Pod Maker Says 2nd Circuit Wrongly Affirmed FDA Ban

(August 2, 2023, 1:26 PM EDT) -- NEW YORK — A flavored e-cigarette pod manufacturer on Aug. 2 filed a petition for panel or en banc rehearing to the Second Circuit U.S. Court of Appeals, arguing that a panel erred in affirming the Food and Drug Administration’s marketing denial order (MDO) that banned sales of the manufacturer’s products, writing that the panel’s ruling “overlooks and misapprehends material points of fact and law” and conflicts with Second Circuit and U.S. Supreme Court precedent....