August 19, 2026
The Fifth Circuit on Wednesday agreed with vaping companies that the U.S. Food and Drug Administration overstepped its authority when it repeatedly blocked approval of flavored e-cigarettes without a notice-and-comment period, holding that the repeated denials constitute a rule that the agency must "rethink" or readopt properly.
April 28, 2026
A Fifth Circuit judge on Tuesday pressed the U.S. Food and Drug Administration on how it reviews applications from flavored vape manufacturers, asking why repeatedly denying applicants on similar grounds should not be treated as a rule requiring notice-and-comment.