A unanimous Supreme Court instructed the Fifth Circuit to reconsider the harmless error rule for agency action. In FDA v. Wages & White Lion Investments, the U.S. Supreme Court unanimously vacated and remanded a U.S. Court of Appeals for the Fifth Circuit decision reviewing the denial by the U.S. Food and Drug Administration (FDA) of marketing approval for flavored e-cigarette products. This case involved the harmless error rule, which prevents courts from setting aside decisions because of harmless errors. The Court discussed uncertainty about how the harmless error rule applies to decisions made by agencies rather than courts. It then instructed the Fifth Circuit to reconsider the harmless... [Read more]