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The 5th Circuit ruling created a split with seven other federal appellate courts which have sided with the FDA in comparable cases, https://www.vapeallow.com/apple-sours-by-dinner-lady-tuck-shop-e-liquid and https://kisdiconference.kr/2022/bbs/board.php?bo_table=free&wr_id=2649534 prompted the agency to appeal to the Supreme Court.
