On September 5, 2024, WLF urged the Fifth Circuit to vacate the denial of premarket approval for NicQuid’s modified-risk tobacco products. The FDA told companies they need not include certain information in applications and then denied those applications for failing to include that very information. WLF’s brief argues that this regulatory bait-and-switch violates NicQuid’s due-process rights. The brief also details how FDA’s denial order is arbitrary and capricious because FDA did not consider NicQuid’s evidence.
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