In a highly anticipated decision, a Fifth Circuit Court of Appeals panel ruled Monday against Triton Distribution and Vapetasia in their appeal of FDA Marketing Denial Orders (MDOs) the companies received last September.
The vote was 2-1, with Judge Edith Jones vigorously dissenting from the majority.
A separate three-judge panel had unanimously stayed Triton’s MDO in October 2021, calling the FDA’s imposition of new evidentiary standards for vape industry applicants a “surprise switcheroo,” and ruling that the Triton appeal was likely to succeed on its merits. The stay allowed Triton to continue doing business until the second panel reviewed the company’s merits briefing and heard oral arguments from Triton and the FDA.
Jim McDonald – Vaping360 – 2022-07-19