( October 12, 2026, 9:03 AM EDT) -- SAN FRANCISCO — A maker of flavored e-liquids petitioned the Ninth Circuit U.S. Court of Appeals for panel rehearing or rehearing en banc after it affirmed a Food and Drug Administration order banning sales of its electronic nicotine delivery system (ENDS) products, writing that the Circuit Court upheld the FDA’s evaluation of its products as not “appropriate for protection of public health” (APPH) in a manner that contradicts Loper Bright Enterprises v. Raimondo....