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Full 5th Circ. To Rehear Vaping Cos.' Challenge Of FDA Denial

By Collin Krabbe (January 24, 2023, 5:17 PM EST) -- The Fifth Circuit Court of Appeals will rehear en banc two vape companies' appeal over the U.S. Food and Drug Administration's denial of their premarket tobacco product applications, following one bench member's admonishment of the FDA's decision as a "mockery of 'reasoned' administrative decision-making" for changing the rules in the midst of the application process....

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