En Banc 5th Circuit Panel Won’t Amend Ruling Reversing Flavored E-Cig Ban

(March 13, 2024, 12:29 PM EDT) -- NEW ORLEANS — Members of the en banc Fifth Circuit U.S. Court of Appeals majority that previously reversed a Food and Drug Administration ban of two vape companies’ flavored e-cigarette products as arbitrary and capricious on March 12 denied the companies’ motion to clarify the opinion’s reference to FDA approval of menthol e-cigarette products, writing that the reference was to a heat-not-burn product....