Split 5th Circuit Denies FDA’s Forum Shopping Argument In Vuse E-Cigs Ban Row

(February 6, 2024, 2:29 PM EST) -- NEW ORLEANS — A split Fifth Circuit U.S. Court of Appeals panel denied the Food and Drug Administration’s motion to dismiss or transfer consolidated petitions by R.J. Reynolds Vapor Co. (RJRV) and several retailers challenging the FDA’s bans of several RJRV flavored Vuse e-cigarette products, rejecting FDA’s arguments that the petitioners lack standing or are engaged in forum shopping....

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