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Troutman Pepper Locke

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Fifth Circuit Finds FDA’s Flavored ENDS PMTA Standard Requires Notice-and-Comment Rulemaking

The U.S. Court of Appeals for the Fifth Circuit recently ruled in NicQuid, L.L.C. v. FDA, No. 24-60272 (5th Cir. Aug. 19, 2026), that the U.S. Food and