Stephen A. Miller, an attorney in Cozen O’Connor’s Commercial Litigation department, and Leigh Ann McGeever, counsel for the firm’s legal profession services group, discuss the pending U.S. Supreme Court decision in U.S. Food and Drug Administration v. Wages and White Lion Investments, where the high court will consider whether changes to FDA guidance on approval of new flavored e-cigarette flavors led to arbitrary and capricious denials of manufacturers’ applications. The FDA denied the two respondents' applications due to the lack of evidence that the products would be so beneficial to adults that it would outweigh the risk to young Americans.

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