Although news about vaping industry legal actions against the FDA has focused mostly on Turning Point Brands successful challenge, at least 27 other manufacturers and distributors have also filed petitions asking federal circuit courts to review their Marketing Denial Orders (MDOs).<\/p>\n
None of the companies on the list of MDO recipients received their denials after Sept. 17, which means those on the list that have not already filed a petition for review are beyond the 30-day window for appeal. However, several of the companies that have filed actions in court are not included on the FDAs list, so its possible other unlisted companies are still within the 30-day time limit. (The FDA also hasnt updated its official list since Sept. 23.)<\/p>\n
We have created a list of manufacturers that have filed petitions for review of MDOs, and in some cases motions for a stay of FDA enforcement. Theyre listed alphabetically, and next to the company name is the date of the legal action, the circuit court hearing the petition, and other applicable information. If we have covered the case in an article, the most recent coverage is linked. (For those companies whose names are known only from a list created by the Public Health Law Center we have no filing dates.)<\/p>\n
This list will be updated if additional court filings become available.<\/p>\n
7 Daze LLC Petition for review filed 10\/7 9th Circuit Court of Appeals<\/p>\n
AVAIL Vapor, LLC Petition for review filed 9\/30 4th Circuit Court of Appeals<\/p>\n
Bad Modder Fogger (BMF Labs) Petition for review filed 10\/4 4th Circuit Court of Appeals<\/p>\n
Bidi Vapor LLC Petition for review filed 9\/29 11th Circuit Court of Appeals. Bidi also filed a motion for expedited consideration by the court<\/p>\n
Breeze Smoke, LLC Petition for review filed 10\/4 6th Circuit Court of Appeals. Breeze Smoke also filed an emergency motion for a stay on 10\/13<\/p>\n
Cloud House Petition for review filed 10\/8 5th Circuit Court of Appeals<\/p>\n
Cloud Nine Vapor Products Petition for review filed 10\/8 10th Circuit Court of Appeals<\/p>\n
Diamond Vapor LLC Petition for review filed 10\/1 11th Circuit Court of Appeals<\/p>\n
E-Liquid Brands, LLC Petition for review filed 10\/7 4th Circuit Court of Appeals<\/p>\n
ECS Global LLC Petition for review filed 10\/12 District of Columbia Circuit Court of Appeals. ECS Global received MDOs for Phix pod-vape devices and prefilled Phix pods<\/p>\n
Electric Clouds Petition for review filed 10\/8 10th Circuit Court of Appeals<\/p>\n
Fresh Farms E-Liquid Date of filing unknown 7th Circuit Court of Appeals. Public Health Law Center says this legal action challenges a Refuse to Accept (RTA) determinationnot an MDO<\/p>\n
Fumizer, LLC Petition for review filed 10\/6 9th Circuit Court of Appeals<\/p>\n
Gripum LLC Petition for review filed 10\/8 7th Circuit Court of Appeals. Gripum also filed an emergency motion for a stay on 10\/17. UPDATE: On Oct. 19, the court temporarily stayed Gripums MDO while its motion for a longer-term stay is considered <\/p>\n
Johnny Copper LLC Petition for review filed 10\/7 11th Circuit Court of Appeals<\/p>\n
Liquid Labs LLC Petition for review filed 10\/12 3rd Circuit Court of Appeals<\/p>\n
Magellan Technology, Inc. Petition for review filed 9\/24 2nd Circuit Court of Appeals<\/p>\n
My Vape Order, Inc. Petition for review filed 9\/30 9th Circuit Court of Appeals. UPDATE: The FDA announced Oct. 18 that it has stayed My Vape Orders MDO while it completes an administrative review of the order<\/p>\n
New World Wholesale, Inc. & Shenzhen Goldreams Technology Co., Ltd. Petition for review filed 10\/11 5th Circuit Court of Appeals<\/p>\n
Nude Nicotine, Inc. Petition for review filed 10\/6 9th Circuit Court of Appeals<\/p>\n
Paradigm Distribution Petition for review filed 10\/11 5th Circuit Court of Appeals<\/p>\n
Prohibition Juice Co. Petition for review filed 10\/13 District of Columbia Circuit Court of Appeals<\/p>\n
Simple Vapor Company Petition for review filed 10\/12 6th Circuit Court of Appeals<\/p>\n
SV Packaging Date of filing unknown 5th Circuit Court of Appeals<\/p>\n
SWT Global Supply, Inc. Petition for review filed 10\/1 5th Circuit Court of Appeals<\/p>\n
Turning Point Brands, Inc. Petition for review filed 9\/23 6th Circuit Court of Appeals. Turning Point Brands withdrew its petition for review after the FDA reinstated to review the TPB products that had received MDOs. TPB was the first company to file a petition for review, and the first to ask the court for a stay preventing FDA enforcement while the companys appeal was considered<\/p>\n
Vapor Unlimited LLC Petition for review filed 10\/8 11th Circuit Court of Appeals<\/p>\n
Vaporized, Inc. Petition for review filed 10\/11 5th Circuit Court of Appeals<\/p>\n
Wages and White Lion Investments (Triton Distribution) Petition for review filed 10\/6 5th Circuit Court of Appeals. Triton also filed a motion for a stay and for expedited consideration. UPDATE: On Oct. 15, the court temporarily stayed Tritons MDO while its motion for a longer-term stay is considered<\/p>\n
<\/p>\n
Originally posted here:<\/p>\n
At Least 28 Vape Companies Have Challenged MDOs in Court - Vaping360 News<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Although news about vaping industry legal actions against the FDA has focused mostly on Turning Point Brands successful challenge, at least 27 other manufacturers and distributors have also filed petitions asking federal circuit courts to review their Marketing Denial Orders (MDOs). None of the companies on the list of MDO recipients received their denials after Sept. 17, which means those on the list that have not already filed a petition for review are beyond the 30-day window for appeal Continue reading