FDA ordered to reconsider denial of approval for vape products
A federal appeals court on Wednesday ordered the U.S. Food and Drug Administration to reconsider its decision barring two makers of flavored liquid for e-cigarettes from marketing their products, saying the agency had been arbitrary and capricious in refusing to consider the companies' marketing plans. The 9-5 decision by the New Orleans-based 5th U.S. Circuit Court of Appeals reversed a July 2022 decision by a three-judge panel of that court. Circuit Judge Andrew Oldham, who was appointed to the court by Republican former president Donald Trump, wrote for the majority that the FDA had ...