Oct. 5 update – Another manufacturer, Bad Modder Fogger LLC (which does business as BMF Labs), has filed a petition in federal court challenging the FDA’s Sept. 8 denial of its flavored e-liquid. The company, best known for its MRKT PLCE E-Liquid, filed in the 4th Circuit Court of Appeals in Virginia on Oct. 4. BMF Labs is a member of the American Vapor Manufacturers Association (AVM).
At least two more vaping manufacturers have taken the FDA to court over marketing denials of their flavored vaping products since Turning Point Brands became the first to challenge the agency almost two weeks ago. Turning Point Brands has also since asked a federal court to stay enforcement of the FDA’s Marketing Denial Order (MDO) until the appeal is decided.
Several more companies are expected to file their own lawsuits soon.
Jim McDonald – Vaping360 – 2021-10-04.
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