Split 3rd Circuit Panel Upholds FDA Ban Of Menthol Vape Products

(October 24, 2023, 1:12 PM EDT) -- PHILADELPHIA — A split Third Circuit U.S. Court of Appeals panel denied a vape company’s petition for review of the Food and Drug Administration’s decision banning its menthol-flavored vape products, with the majority finding that the FDA properly reviewed and denied the company’s applications while a dissenting judge said the FDA improperly changed its policy on menthol-flavored products with the company’s application pending....