Wages and White Lion Invst v. FDA
This text of 58 F.4th 233 (Wages and White Lion Invst v. FDA) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit
FILED January 19, 2023 No. 21-60766 Lyle W. Cayce Clerk
Wages and White Lion Investments, L.L.C., doing business as Triton Distribution,
Petitioner,
versus
Food & Drug Administration,
Respondent,
consolidated with
No. 21-60800
Wages and White Lion Investments, L.L.C., doing business as Triton Distribution; Vapetasia, L.L.C.,
Petitioners,
Respondent. No. 21-60766 c/w No. 21-60800
Petitions for Review from an Order of the Food & Drug Administration Agency No. 21 USC 3871 Agency No. PM0003531
ON PETITION FOR REHEARING EN BANC
(Opinion July 18, 2022, 5 Cir., 2022, 41 F.4th 427)
Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges. Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated July 18, 2022, is VACATED.
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