On July 18th, the Fifth Circuit Court of Appeals denied an appeal by vape company Triton, to have a marketing denial order (MDO) issued by the Food and Drug Administration (FDA) reviewed.
Bidi Vapor, Diamond Vapor, Johnny Cooper and Vapor Unlimited, are some of the vape companies faced with MDOs as part of the FDA’s infamous premarket tobacco product application (PMTA) process.
Following court appeals, these brands had their PMTAs suspended and the court ruling in favour of these manufacturers is not an isolated event. Last January the Fifth Circuit Court of Appeals also granted a stay for Triton Distribution.
After listening to arguments against the FDA’s arbitrary and capricious PMTA rejections from dozens of lawsuits, the court also heard from Eric Heyer, the lawyer for mid-sized e-liquid manufacturer Triton Distribution. He questioned what the justifications for the FDA’s decisions were, whilst referring to comparable applications by many other denied companies.
In response to these arguments, the Fifth Circuit has like the Eleventh Circuit Court of Appeals, allowed the rejected products to stay on the market at least for the duration of the lawsuit.
Diane Caruana – VapingPost – 2022-07-27
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