The Fifth Circuit ruled that the FDA had arbitrarily changed rules during the application process, leading to accusations of regulatory inconsistency and confusion for manufacturers.
The FDA’s rejection of flavored e-liquids aims to protect public health, highlighting the risks these products pose to youth, as they can foster nicotine addiction.
Curtis E. Gannon, representing the FDA, emphasized that flavors like 'Mother’s Milk and Cookies' are particularly appealing to children, underpinning the agency's caution.
The Fifth Circuit's ruling presents significant implications for public health policy, potentially undermining the objectives of the Tobacco Control Act aimed at preventing youth addiction.
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