Wages and White Lion Invst v. FDA, No. 21-60766 (5th Cir. 2023)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 26, 2021.
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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, versus Food & Drug Administration, 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. 2
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