Credit: eldarnurkovic/Adobe Stock 'Surprise Switcheroo': 2 Circuits Align in Defense of FDA Rule Against Flavored E-Cigarettes
FDA did consider petitioners' device type, and it concluded (reasonably) that what truly impacts youth smokers is flavor preference, not device preference, the Fifth Circuit said.
July 20, 2022 at 04:51 PM
4 minute read
In a split decision, the U.S. Court of Appeals for the Fifth Circuit ruled the Food and Drug Administration did not act capriciously when it denied premarketing approvals to two flavored nicotine e-cigarette companies.
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