Finding R.J. Reynolds Vapor Co. has a credible merits case on an alleged “de facto” ban on all e-cigarette vaping liquids, the U.S. Court of Appeals for the Fifth Circuit granted a stay on the Federal Drug Administration’s denial of an application.

“The FDA admits that it ‘has yet to grant’ a single application to market non-tobacco-flavored e-cigarettes,” the Fifth Circuit ruling noted. “This means it has denied over 355,000 such applications, which amount to 99% of all timely-filed (applications).”