https://texasappeals.org/topics/literature-reviews/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 28 Apr 2025 07:00:00 -0500https://texasappeals.org/2025/04/fda-v-wages-and-white-lion-flavored-vapes/Mon, 28 Apr 2025 07:00:00 -0500https://texasappeals.org/2025/04/fda-v-wages-and-white-lion-flavored-vapes/A unanimous Court held that the FDA’s denial orders were sufficiently consistent with its earlier guidance on scientific evidence, comparative efficacy and device type, and so did not violate the change-in-position doctrine. It remanded the question whether the agency’s failure to consider marketing plans was harmless, holding that the Fifth Circuit had read Calcutt v. FDIC too broadly.