Courtesy photo Divided 3rd Circuit Sides With FDA in Denial of Manufacturer's Application to Market Menthol E-Cigarettes
Third Circuit Judge David J. Porter disagreed with the majority opinion and penned a dissent, which argued that the Food and Drug Administration shifted its policy and "failed to give a reasoned analysis or detailed justification for the policy change."
October 23, 2023 at 12:19 PM
6 minute read
Civil Appeals
After the Food and Drug Administration took forceful steps against fruit and dessert flavored e-cigarettes, it turned its attention to tobacco and menthol and denied the applications of importers and manufacturers to market the menthol-flavored versions, a decision the Third Circuit affirmed in a divided opinion.
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