Court Challenges to FDA Are Heating Up

A federal court has stayed enforcement of FDA Marketing Denial Orders (MDOs) issued to four vaping manufacturers, allowing them to continue doing business while the court conducts a full review of the FDA denials.

The 11th Circuit Court of Appeals—which handles petitions for review from vaping businesses based in Florida, Georgia and Alabama—granted the stays Tuesday to Bidi Vapor, Diamond Vapor, Johnny Copper, and Vapor Unlimited. All four companies are based in Florida.

A three-judge panel heard motions from the businesses and granted the stays by a 2-1 vote. Judge Jill Pryor dissented from the decision.