Wages and White Lion Invst v. FDA ( 2023 )

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