At Least 28 Vape Companies Have Challenged MDOs in Court

Date:

Oct. 19 update: The FDA issued an updated MDO list on Oct. 19 with just one change from the previous list published Sept. 22—a stay on the MDO for one company (My Vape Order) while the agency completes an administrative review. We have noted that in the list.

There have also been temporary stays issued to Triton Distribution (Wages and White Lion Investments) and Gripum LLC.

These and future updates to the information in the list below will also be noted in bold type.

Although news about vaping industry legal actions against the FDA has focused mostly on Turning Point Brands’ successful challenge, at least 27 other manufacturers and distributors have also filed petitions asking federal circuit courts to review their Marketing Denial Orders (MDOs).

None of the companies on the list of MDO recipients received their denials after Sept. 17, which means those on the list that have not already filed a petition for review are beyond the 30-day window for appeal. However, several of the companies that have filed actions in court are not included on the FDA’s list, so it’s possible other unlisted companies are still within the 30-day time limit. (The FDA also hasn’t updated its official list since Sept. 23.)

Read full article here.

Jim McDonald – Vaping360 – 2021-10-18.

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