In Magellan Technology v. United States Food and Drug Administration, the U.S. Court of Appeals for the Second Circuit reviewed the FDA's decision to deny an application by a manufacturer of electronic nicotine delivery systems to market its fruit-and dessert-flavored replaceable cartridges or "pods." In a unanimous opinion authored by Circuit Judge Myrna Pérez and joined by Circuit Judges Dennis Jacobs and Sarah Merriam, the court denied the petition for review, agreeing with the FDA that there was insufficient evidence that marketing the flavored pods would appropriately protect public health. 70 F.4th 622 (2d Cir. 2023). The Second Circuit decision is another decision in a line of recent decisions from circuit courts, including the Third, Fourth, Seventh, and District of Columba Circuit, denying petitions for review of FDA decisions regarding e-cigarette products.