Oct. 14 update: This article, originally published Oct. 13, was updated today with a section describing Triton Distribution’s court filing responding to the FDA’s earlier filing. See the subheading below titled “October 14th update: Triton responds to the FDA.”
After yesterday’s news that the FDA has authorized one vaping product to be sold—and only in a tobacco flavor—the independent industry’s efforts to challenge the agency on legal grounds become more important. As of today, there are some updates to report.
FDA responds to Triton Distribution’s emergency motion for a stay
The FDA has responded to Triton Distribution’s Oct. 6 emergency motion for a stay of the agency’s Marketing Denial Order (MDO). A stay could allow Triton to continue selling its flavored vaping products while the court considers Triton’s petition for review (although the FDA disputes that).
Jim McDonald – Vaping360 – 2021-10-14.