Flavored Vape Company Urges 9th Circuit To Reconsider FDA’s ‘Arbitrary’ Ban

(August 23, 2023, 11:26 AM EDT) -- SAN FRANCISCO — A manufacturer of flavored e-liquids for use with vaping devices filed a petition in the Ninth Circuit U.S. Court of Appeals seeking panel or en banc rehearing of a panel’s denial of its bid for review of a Food and Drug Administration ban of its products, writing that the Ninth Circuit “overlooked” the fact that the FDA improperly adopted a rule banning flavored products while its application was pending....