FDA’s E-Cigarette Case Returns to the Fifth Circuit: Texas Brief

In this issue: Amazon’s secretive patent court, AG Ken Paxton shifts campaign messaging, and SpaceX may be drawing more share orders than it has available.

Docket Watch: FDA E-Cig Fight Returns

A high-stakes battle over the FDA’s effort to block some flavored e-cigarette sales returns to the Fifth Circuit tomorrow, after the Supreme Court unanimously vacated the appeals court’s decision last April.

A three-judge panel initially ruled for the agency, but the full Fifth Circuit said it had moved the goalposts for approval during the application process. SCOTUS then vacated the full circuit’s decision, saying the FDA was within ...