A federal appeals court handed the independent vaping industry its first major win yesterday, ruling that the FDA acted improperly when it issued marketing denial orders (MDOs) to six small manufacturers.
The decision nullifies the MDOs and forces the FDA to begin new reviews of the companies’ premarket tobacco applications (PMTAs).
A three-judge panel of the Eleventh Circuit Court of Appeals ruled 2-1 that the MDOs were arbitrary and capricious because the agency didn’t consider the marketing plans submitted by the small businesses in their applications. The six companies are:
- Bidi Vapor
- Diamond Vapor
- Johnny Copper
- Pop Vapor Co.
- Union Street Brands
- Vapor Unlimited
Jim McDonald – Vaping360.com – 2022-08-24.
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