| 23-1125 |
Logic Technology Development LLC v. Food and Drug Administration |
Third Circuit |
2024-04-17 |
Denied |
Relisted (3) |
administrative-law agency-action arbitrary-and-capricious electronic-nicotine-delivery-system electronic-nicotine-delivery-systems fda-regulation menthol-flavoring premarket-tobacco-application premarket-tobacco-product-application retroactive-rulemaking retroactive-standard |
Whether the FDA's creation of a new, heightened standard for evaluating already-pending PMTAs for certain ENDS products was arbitrary and capricious |
| 23-871 |
Lotus Vaping Technologies, LLC v. Food and Drug Administration |
Ninth Circuit |
2024-02-13 |
Denied |
Amici (2)Relisted (4) |
administrative-procedure-act arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems fair-warning flavored-products food-and-drug-administration marketing-applications |
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious |
| 23-799 |
Magellan Technology, Inc. v. Food and Drug Administration |
Second Circuit |
2024-01-24 |
Denied |
Amici (1)Relisted (4) |
administrative-procedure-act agency-rulemaking arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems ends-products fda-regulation marketing-authorization reliance-interests youth-access |
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious |