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On November 12, the U.S. Court of Appeals for the Sixth Circuit rejected an electronic cigarette manufacturer's application of a stay of the Food and Drug Administration's order rejecting its application seeking approval of some of its vaping products. Now that e-cigarette company, Breeze Smoke, has filed an emergency application for a stay with Justice Kavanaugh. [...] While it is possible that there are substantive differences between the relevant product applications, the FDA did not engage in the sort of review expected of a regulatory agency. [...]