FDA, Vape Company Agree To Dismiss 5th Circuit Appeal Over Unauthorized Sales Fine

( September 4, 2026, 8:52 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals entered an order of dismissal after the U.S. government and a vape seller jointly stipulated to dismiss the government’s appeal of a judge’s ruling vacating a more than $20,000 Food and Drug Administration fine that the judge said was unconstitutionally issued in violation of the company’s right to a jury trial under SEC v. Jarkesy, after the Fifth Circuit recently affirmed a similar ruling in a separate case....