On Oct. 28, the Third Circuit Court of Appeals temporarily stayed the marketing denial orders (MDOs) issued to Logic LLC for its menthol-flavored refills for Logic Pro and Logic Power devices.
The court order allows Logic to continue selling its menthol refills until the court decides on a motion for a full stay pending review of the MDO.
Logic filed its petition for review of the MDO on Oct. 27, along with an emergency motion for a temporary stay. The company was given seven days from Oct. 28 by the court to file a motion for a full stay pending review. The FDA will then have 10 days to file a response.
On Oct. 27—the same day Logic filed its petition and motion for a temporary stay—a three-judge panel of the same court voted unanimously to deny Liquid Labs’ petition for review of its MDOs for flavored e-liquids. The Third Circuit has issued no other rulings on vape company challenges to the FDA.
Jim McDonald – Vaping360 – 2022-11-01.
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