Vape Companies vs FDA: Appeals and Legal Actions

Vape Companies vs FDA: Appeals and Legal Actions

Nov. 16, 2021

This article is an attempt to list all of the companies challenging the FDA’s Marketing Denial Orders (MDOs) in court, and to follow up on additional legal actions like motions, stays, and other filings. We will also list administrative stays (or denials) issued by the FDA, based on MDO reviews conducted by the agency.

More than 30 companies have taken legal action to dispute FDA denials.

We’ve overhauled this article, making it easier to navigate. You can now view legal and administrative actions by date (with the newest events listed first) or by the companies involved (listed alphabetically). You can navigate to either section, or to our list of Vaping360 articles about MDO events, using the quick links at the top of the page.

The original article was posted Oct. 18, but many of the events predated the article. It is possible there are still companies that have filed legal challenges to MDOs we aren’t aware of. If you know of any, please comment or contact me. Likewise, if you’re aware of companies receiving denials of administrative review applications, please let us know.

Legal actions listed by date (newest first)

Aug. 29, 2022
The 7th Circuit Court of Appeals denies petition for review filed by Gripum LLC. The company could now ask for an en banc rehearing with all 7th Circuit judges

Aug. 23, 2022
The 11th Circuit Court finds in favor of six manufacturers—Bidi Vapor, Diamond Vapor, Johnny Copper, Pop Vapor Co., Union Street Brands, and Vapor Unlimited. The ruling vacates their MDOs and forces the FDA to conduct new reviews of the companies’ PMTAs

Aug. 4, 2022
The 9th Circuit Court has consolidated appeals by Lotus Vaping Technologies and Nude Nicotine (date of action unknown). Oral arguments are scheduled for Aug. 11, according to advocate Lance Churchill. They can heard at 9:30 a.m. PDT at this site

July 26, 2022
The D.C. Circuit Court of Appeals denies petitions for review filed by four manufacturers—Prohibition Juice Co., Cool Breeze Vapor, Ecig Charleston, and Jay Shore Liquids. The cases had been consolidated by the court. The companies could now ask for an en banc rehearing with all D.C. Circuit judges

July 25, 2022
The D.C. Circuit Court of Appeals denies Fontem US’s emergency motion for a stay, leaving the myblu MDO in effect. The court set a schedule for briefs to be filed in the appeal, with the first brief from Fontem due Aug. 10

July 19, 2022
In a 9th Circuit Court filing, the FDA admits it may not make a decision on MVO’s administrative appeal until January 2024

July 18, 2022
The 5th Circuit Court of Appeals rules against Triton Distribution and Vapetasia in their appeal of MDOs issued last year. The vote was 2-1, with Judge Edith Jones issuing a blistering dissent. The companies say they will ask the court to grant an en banc rehearing of their petitions for review with all 17 5th Circuit judges participating

July 12, 2022
In the D.C. Circuit Court, Fontem US files an emergency motion for a stay of its MDO for the myblu device and refill pods

July 6, 2022
Juul Labs and the FDA file a joint motion asking the court to hold Juul’s legal challenge in abeyance (pausing the process) until the FDA has completed its administrative review. Juul also withdraws its pending emergency motion for a stay pending review (which can be refiled if the FDA denies Juul’s appeal)

July 5, 2022
The FDA grants Juul an administrative stay of its MDO, agreeing not to take enforcement action while the FDA “supervisory review” is in progress

June 27, 2022
Juul files an emergency motion for a stay pending review. FDA’s response is due July 7

June 24, 2022
Juul Labs files a petition for review of its MDO, and asks the court to temporarily stay the MDO until Juul is able to file a motion for a full stay pending review. The temporary stay is granted later the same day

May 17, 2022
The 11th Circuit Court hears oral arguments from lawyers for FDA and Bidi Vapor, Pop Vapor, and a consolidated case including Diamond Vapor, Johnny Copper, Union Street Brands, Vapornine and Vapor Unlimited. (The links are downloadable MP3s. You can also listen on the court’s website.)

April 22, 2022
Vapor Voice reported on April 22 that Simple Vapor had voluntarily withdrawn its petition to the court. Date of action unknown

April 20, 2022
The 7th Circuit Court hears oral arguments from lawyers for Gripum and the FDA

March 14, 2022
The 11th Circuit Court stayed enforcement of Pop Vapor’s MDO pending review, according to Vapor Voice

March 1, 2022
FDA rescinds Al Khalifa Group MDO after administrative review (reported in FDA’s MDO list updated April 25). Date unknown: Al Khalifa voluntarily withdraws petition to 9th Circuit Court, according to Vapor Voice

Feb. 10, 2022
Breeze Smoke voluntarily withdrew its MDO appeal to the 6th Circuit Court (which had been scheduled for oral arguments Feb. 22), according to Vapor Voice

Feb. 9, 2022
The D.C. Circuit Court schedules oral arguments in four consolidated cases for April 21. The four petitioners—Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co.—are all represented by the Texas-based Najvar Law Firm

Feb. 2, 2022
After FDA withdrew its MDO in October, Fumizer’s action against the FDA was dismissed by the 9th Circuit Court for “failure to prosecute,” according to Vapor Voice

Feb. 1, 2022
Bidi Vapor, Diamond Vapor, Johnny Copper, and Vapor Unlimited MDOs all all stayed by the 11th Circuit Court pending review. The court orders these four cases, and three others that did not receive stays—Pop Vapor Co., Union Street Brands, and Vapornine (New Leaf Vapor Co.)—to appear together for oral arguments on a date to be set later

Jan. 31, 2022
The 5th Circuit Court hears oral arguments from attorneys for Triton Distribution and the FDA

Jan. 28, 2022
The 5th Circuit Court issues a “stay of proceedings…for American Vapor, Inc.s petition pending a decision in [Triton Distribution’s review]” (reported in FDA’s updated MDO list dated Feb. 3). Vapor Voice reported later (April 22) that American Vapor had voluntarily withdrawn its petition to the court

Dec. 30
Amicus brief in support of Gripum’s petition filed in circuit court by David Abrams, Clive Bates, and David Sweanor

Dec. 10
The Supreme Court denies Breeze Smoke’s emergency application for a stay of its MDO. The full review of Breeze Smoke’s MDO will proceed in the circuit court, but the company will be subject to FDA enforcement if it continues selling the denied products during the court review

Dec. 7
Breeze Smoke responds to the FDA brief filed yesterday opposing Breeze Smoke’s application to the Supreme Court for a stay of its MDO.

Breeze Smoke also files a supplemental declaration from employee Steven Haddad in which Haddad claims that Breeze Smoke “developed the ENDS products that are the subject of its September 3, 2020 PMTAs by building on the specifications of the Arctic Smoke product, which had been on the market well before FDA “deemed” e-cigarette products effective August 8, 2016.”

Dec. 6
FDA files its memorandum in opposition to Breeze Smoke’s application for a stay of its MDO with the Supreme Court. In the brief, the agency notes that Breeze Smoke’s products were introduced after Aug. 8, 2016—the deadline for products to remain on the market (until Sept. 9, 2020) without first being authorized by FDA with a successful PMTA

Nov. 29
Supreme Court Justice Brett Kavanaugh asks FDA to respond to Breeze Smoke’s application for a stay by Monday, Dec. 6 at 2:00 p.m.

Nov. 24
Amicus brief in support of Bidi Vapor’s petition filed in circuit court by David Abrams, Clive Bates, and David Sweanor

Amicus brief in support of My Vape Order’s petition filed in circuit court by David Abrams, Clive Bates, and David Sweanor

Nov. 23
Breeze Smoke applies to the Supreme Court for an emergency stay pending circuit court review of its MDO

Pop Vapor Co. MDO partially rescinded (reported in FDA’s MDO list updated Feb. 17)

Nov. 19
Bidi Vapor files opening brief and requests the court allow oral argument

Nov. 17
Amicus brief in support of Triton Distribution’s petition filed in circuit court by David Abrams, Clive Bates, and David Sweanor

Nov. 12
Breeze Smoke’s motion for a stay denied by the court

Nov. 4
Gripum MDO stayed by court pending review

Nov. 3
Al Khalifa Group MDO stayed by FDA pending administrative review (reported in FDA’s MDO list updated Feb. 17)

Nov. 2
Humble Juice MDO rescinded by FDA (per Nov. 3 FDA MDO list) and products moved back into scientific review. Tobacco Reporter reports that Humble Juice withdrew its petition for review after FDA recission of its MDO

Nov. 1
AVAIL Vapor MDO stayed by FDA pending administrative review

Oct. 26
ECS Global MDO partially rescinded by FDA (per FDA’s Nov. 3 MDO list) and products moved back into scientific review

Triton Distribution and Vapetasia cases are consolidated, and both MDOs are stayed by the court pending review

Oct. 25
Bidi Vapor files a motion for a stay pending court review of its MDO

Oct. 22
Bidi Vapor MDO stayed by FDA pending administrative review

Fumizer MDO rescinded by FDA and products moved back into scientific review

Gripum replies in court filing to FDA filing opposing stay

Oct. 19
Gripum MDO temporarily stayed by court while motion for a full stay is considered

Oct. 18
My Vape Order MDO stayed by FDA pending administrative review

Oct. 17
Gripum files emergency motion for a stay pending court review of its MDO

Oct. 14
Triton Distribution responds to FDA in a court filing

Oct. 13
Breeze Smoke files an emergency motion for a stay pending court review of its MDO

Oct. 12
FDA responds to Triton Distribution’s emergency motion

Oct. 8
Turning Point Brands withdrew its petition for review after FDA rescission of its MDO

Oct. 7
FDA rescinds Turning Point Brands MDO, claiming it missed evidence included in the company’s PMTA. Its products are moved back into scientific review

Oct. 6
Triton Distribution files emergency motion for a stay pending court review of its MDO and requests expedited consideration

Sept. 30
Turning Point Brands files emergency motion for a stay pending court review of its MDO and requests expedited consideration

Legal actions listed by company (alphabetical)

7 Daze LLC – Petition for review filed Oct. 7 – 9th Circuit Court of Appeals

Al Khalifa Group LLC – Petition for review filing date unknown
– Nov.3: Al Khalifa Group MDO stayed by FDA pending administrative review (reported in FDA’s MDO list updated Feb. 17)
– March 1, 2022: FDA rescinds Al Khalifa Group MDO after administrative review (reported in FDA’s MDO list updated April 25)
– (date unknown): Al Khalifa voluntarily withdraws petition to 9th Circuit Court, according to Vapor Voice

American Vapor, Inc. – Petition for review filing date unknown – 5th Circuit Court of Appeals
– Jan. 28, 2022: Court “issued a stay of proceedings for American Vapor, Inc.s petition pending a decision in [Triton Distribution’s petition]” (reported in FDA’s MDO List updated Feb. 3)
– (date unknown): Vapor Voice reported April 22 that American Vapor had voluntarily withdrawn its petition to the court

AVAIL Vapor, LLC – Petition for review filed Sept. 30 – 4th Circuit Court of Appeals
– Nov. 1: AVAIL Vapor MDO stayed by FDA pending administrative review

Bad Modder Fogger (BMF Labs) – Petition for review filed Oct. 4 – 4th Circuit Court of Appeals

Bidi Vapor LLC – Petition for review and motion for expedited review filed Sept. 29 – 11th Circuit Court of Appeals
– Oct. 22: Bidi Vapor MDO stayed by FDA pending administrative review
– Oct. 25: Bidi Vapor files motion for a stay pending court review of its MDO
– Nov. 19: Bidi Vapor files opening brief and requests the court allow oral argument
– Nov. 24: Amicus brief in support of Bidi Vapor’s petition filed by David Abrams, Clive Bates and David Sweanor
– Feb. 1, 2022: MDO stayed by the court pending review
– May 17: The court hears oral argument from Bidi Vapor and the FDA
– Aug. 23: The court rules in favor of Bidi Vapor and six other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review

Breeze Smoke, LLC – Petition for review filed Oct. 4 – 6th Circuit Court of Appeals
– Oct. 13: Breeze Smoke files an emergency motion for a stay pending court review of its MDO
– Nov. 12: Breeze Smoke’s motion for a stay denied by the court
– Nov. 23: Breeze Smoke applies to the Supreme Court for a stay pending review by the circuit court of its MDO
– Nov. 29: Supreme Court Justice Brett Kavanaugh asks FDA to respond to Breeze Smoke’s application for a stay by Monday, Dec. 6 at 2:00 p.m.
– Dec. 6: FDA files its memorandum in opposition to Breeze Smoke’s application for a stay of its MDO with the Supreme Court
– Dec. 7: Breeze Smoke responds to the FDA brief filed yesterday opposing Breeze Smoke’s application to the Supreme Court for a stay of its MDO. Breeze Smoke also files a supplemental declaration from employee Steven Haddad in which Haddad claims that Breeze Smoke “developed the ENDS products that are the subject of its September 3, 2020 PMTAs by building on the specifications of the Arctic Smoke product, which had been on the market well before FDA “deemed” e-cigarette products effective August 8, 2016.”
– Dec. 10: The Supreme Court denies Breeze Smoke’s emergency application for a stay of its MDO. The full review of Breeze Smoke’s MDO will now proceed in the circuit court, but the company will be subject to FDA enforcement if it continues selling the denied products during the court review
– Feb. 10, 2022: Breeze Smoke voluntarily withdrew its petition to the 6th Circuit Court (which had been scheduled for oral arguments Feb. 22), according to Vapor Voice

Cloud House – Petition for review filed Oct. 8 – 5th Circuit Court of Appeals

Cloud Nine Vapor Products – Petition for review filed Oct. 8 – 10th Circuit Court of Appeals

Cool Breeze Vapor LLC – Petition for review filing date unknown – District of Columbia Circuit Court of Appeals
– date unknown): Appeal consolidated with ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co.
– Feb. 4, 2022: FDA files brief supporting its MDOs in consolidated petitions for review
– Feb. 9: Court schedules oral arguments in consolidated cases for April 21
– July 26: The D.C. Circuit Court of Appeals denies petitions for review filed by Cool Breeze Vapor and three other manufacturers in a consolidated appeal

Diamond Vapor LLC – Petition for review filed Oct. 1 – 11th Circuit Court of Appeals
– Feb. 1, 2022: MDO stayed by the court pending review
– May 17: The court hears oral arguments from FDA and Diamond Vapor (and four co-petitioners)
– Aug. 23: The court rules in favor of Diamond Vapor and six other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review

E-Liquid Brands, LLC – Petition for review filed Oct. 7 – 4th Circuit Court of Appeals

ECig Charleston LLC – Petition for review filing date unknown – District of Columbia Circuit Court of Appeals
– (date unknown): Appeal consolidated with Cool Breeze Vapor, Jay Shore Liquids, and Prohibition Juice Co.
– Feb. 4, 2022: FDA files brief supporting its MDOs in consolidated petitions for review
– Feb. 9: Court schedules oral arguments in consolidated cases for April 21
– July 26: The D.C. Circuit Court of Appeals denies petitions for review filed by Ecig Charleston and three other manufacturers in a consolidated appeal

ECS Global LLC – Petition for review filed Oct. 12 – District of Columbia Circuit Court of Appeals. (ECS Global received MDOs for Phix pod-vape devices and prefilled Phix pods)
– Oct. 26: ECS Global MDO partially rescinded by FDA (per FDA’s Nov. 3 MDO list) and products moved back into scientific review

Electric Clouds – Petition for review filed Oct. 8 – 10th Circuit Court of Appeals

Fontem US, LLC – Petition for review filed May 6, 2022 – District of Columbia Circuit Court of Appeals. (Fontem, a subsidiary of Imperial Brands, received MDOs for the Myblu device and refill pods)
– July 12, 2022: Fontem files an emergency motion for a stay of its MDO
– July 25: The court denies Fontem’s emergency motion for a stay, leaving the company’s MDO in effect. The court set a schedule for briefs to be filed in the appeal, with the first brief from Fontem due Aug. 10

Fumizer, LLC – Petition for review filed Oct. 6 – 9th Circuit Court of Appeals.
– Oct. 22: Fumizer MDO rescinded by FDA and products moved back into scientific review
– Feb 2, 2022: Court dismisses case for “failure to prosecute,” according to Vapor Voice

Gripum LLC – Petition for review filed Oct. 8 – 7th Circuit Court of Appeals
– Oct. 17: Gripum files emergency motion for a stay pending court review of its MDO
– Oct. 19: Gripum MDO temporarily stayed by court while motion is considered
– Oct. 27: Gripum replies in court filing to FDA filing opposing stay
– Nov. 4: Gripum MDO stayed by court pending review
– Dec. 27: Gripum files brief preceding oral arguments
– Dec. 30: Amicus brief in support of Gripum’s petition filed by David Abrams, Clive Bates, and David Sweanor
– April 20, 2022: The court hears oral arguments from Gripum and the FDA
– Aug. 29: The court denies petition for review. The company could now ask for an en banc rehearing with all 7th Circuit judges

Humble Juice Co., LLC – Petition for review filed in October (date unknown) – 9th Circuit Court of Appeals
– Nov. 2: Humble Juice MDO rescinded by FDA (per Nov. 3 FDA MDO list) and products moved back into scientific review. Tobacco Reporter reports that Humble Juice withdrew its petition for review after FDA recission of its MDO

Jay Shore Liquids LLC – Petition for review filing date unknown – District of Columbia Circuit Court of Appeals
– (date unknown): Appeal consolidated with Cool Breeze Vapor, ECig Charleston, and Prohibition Juice Co.
– Feb. 4, 2022: FDA files brief supporting its MDOs in consolidated petitions for review
– Feb. 9: Court schedules oral arguments in consolidated cases for April 21
– July 26: The D.C. Circuit Court of Appeals denies petitions for review filed by Jay Shore Liquids and three other manufacturers in a consolidated appeal

Johnny Copper LLC – Petition for review filed Oct. 7 – 11th Circuit Court of Appeals
– Feb. 1, 2022: MDO stayed by the court pending review
– May 17: The court hears oral arguments from FDA and Johnny Copper (and four co-petitioners)
– Aug. 23: The court rules in favor of Johnny Copper and six other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review

Juul Labs, Inc. – Petition for review filed June 24, 2022 – District of Columbia Circuit Court of Appeals
– June 24, 2022: Juul Labs files a petition for review of its MDO, and asks the court to temporarily stay the MDO until Juul is able to file a motion for a full stay pending review. The temporary stay is granted later the same day
– June 27: Juul files an emergency motion for a stay pending review. FDA’s response is due July 7
– July 5: The FDA grants Juul an administrative stay of its MDO, agreeing not to take enforcement action while the FDA “supervisory review” is in progress
– July 6: Juul Labs and the FDA file a joint motion asking the court to hold Juul’s legal challenge in abeyance (pausing the process) until the FDA has completed its administrative review. Juul also withdraws its pending emergency motion for a stay pending review (which can be refiled if FDA denies Juul’s appeal)

Liquid Labs LLC – Petition for review filed Oct. 12 – 3rd Circuit Court of Appeals

Lotus Vaping Technologies, LLC – Petition for review filed Oct. 14 – 9th Circuit Court of Appeals
– Aug. 4, 2022 update: Court consolidated case with Nude Nicotine (date unknown). According to Lance Churchill, oral arguments are scheduled for Aug. 11

Magellan Technology, Inc. – Petition for review filed Sept. 24 – 2nd Circuit Court of Appeals

My Vape Order, Inc. – Petition for review filed Sept. 30 – 9th Circuit Court of Appeals.
– Oct. 18: My Vape Order MDO stayed by FDA pending administrative review
– Nov. 24: Amicus brief in support of My Vape Order’s petition filed by David Abrams, Clive Bates and David Sweanor
– Jan. 5, 2022: The court agrees to hold MVO’s appeal in abeyance (put it on hold) pending the outcome of FDA’s administrative appeals process
– Jan. 19: FDA “partially rescinded MDO with respect to certain products”
– July 19: In a court filing, the FDA admits it may not make a decision on MVO’s appeal until January 2024

New World Wholesale, Inc. & Shenzhen Goldreams Technology Co., Ltd. – Petition for review filed Oct. 11 – 5th Circuit Court of Appeals

Nude Nicotine, Inc. – Petition for review filed Oct. 6 – 9th Circuit Court of Appeals
– Aug. 4, 2022 update: Court consolidated case with Lotus Vaping Technologies (date unknown). According to Lance Churchill, oral arguments are scheduled for Aug. 11

Paradigm Distribution – Petition for review filed Oct. 11 – 5th Circuit Court of Appeals

Pop Vapor Co. LLC – Petition for review filing date unknown – 11th Circuit Court of Appeals
– Nov. 23: Pop Vapor Co. MDO partially rescinded (reported in FDA’s MDO list updated Feb. 17)
– March 14, 2022: The court stayed FDA enforcement of Pop Vapor’s MDO pending review, according to Vapor Voice
– May 17: The court hears oral argument from Pop Vapor and FDA
– Aug. 23: The court rules in favor of Pop Vapor Co. and six other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review

Prohibition Juice Co. – Petition for review filed Oct. 13 – District of Columbia Circuit Court of Appeals
– (date unknown): Appeal consolidated with Cool Breeze Vapor, ECig Charleston, and Jay Shore Liquids
– Feb. 4, 2022: FDA files brief supporting its MDOs in consolidated petitions for review
– Feb. 9: Court schedules oral arguments in consolidated cases for April 21
– July 26: The D.C. Circuit Court of Appeals denies petitions for review filed by Prohibition Juice Co. and three other manufacturers in a consolidated appeal

Simple Vapor Company – Petition for review filed Oct. 12 – 6th Circuit Court of Appeals
– (date unknown): Vapor Voice reported on April 22, 2022 that Simple Vapor had voluntarily withdrawn its petition to the court

SV Packaging (SAVEURVAPE) – Petition for review filing date unknown – 5th Circuit Court of Appeals

SWT Global Supply, Inc. – Petition for review filed Oct. 1 – 5th Circuit Court of Appeals

Triton Distribution (Wages and White Lion Investments, LLC) – Petition for review filed Oct. 6 – 5th Circuit Court of Appeals
– Oct. 6: Triton Distribution files emergency motion for a stay pending court review of its MDO and expedited consideration
– Oct. 12: FDA responds in court filing to Triton Distribution’s emergency motion
– Oct. 14: Triton Distribution responds to FDA’s opposition to stay
– Oct. 26: Triton Distribution and Vapetasia cases consolidated by the court, and both MDOs are stayed pending review
– Nov. 17: Amicus brief in support of Triton Distribution’s petition filed by David Abrams, Clive Bates and David Sweanor
– Jan. 31, 2022: The court hears oral arguments from attorneys for Triton Distribution and the FDA
– July 18: The circuit court ruled against Triton Distribution and Vapetasia in their appeal of MDOs issued last year. The vote was 2-1, with Judge Edith Jones issuing a blistering dissent. The companies have asked the court to grant an en banc rehearing of their petitions for review with all 17 5th Circuit judges participating

Turning Point Brands, Inc. – Petition for review filed Sept. 23 – 6th Circuit Court of Appeals
– Sept. 30: Turning Point Brands files emergency motion for a stay pending court review of its MDO and expedited consideration
– Oct. 7: FDA rescinds Turning Point Brands MDO, claiming it missed evidence included in the company’s PMTA. TPB’s products are moved back into scientific review
– Oct. 8: Turning Point Brands withdraws its petition for review after FDA rescission of its MDO

Union Street Brands – Petition for review filing date unknown – 11th Circuit Court of Appeals
– May 17: The court hears oral arguments from FDA and Union Street Brands (and four co-petitioners)
– Aug. 23: The court rules in favor of Union Street Brands and six other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review

Vapetasia LLC – Petition for review filing date unknown – 5th Circuit Court of Appeals
– Oct. 26: Triton Distribution and Vapetasia cases consolidated by the court, and both MDOs are stayed pending review
– July 18, 2022: The circuit court ruled against Triton Distribution and Vapetasia in their appeal of MDOs issued last year. The vote was 2-1, with Judge Edith Jones issuing a blistering dissent. The companies have asked the court to grant an en banc rehearing of their petitions for review with all 17 5th Circuit judges participating

Vapor Unlimited LLC – Petition for review filed Oct. 8 – 11th Circuit Court of Appeals
– Feb. 1, 2022: MDO stayed by the court pending review
– May 17: The court hears oral arguments from FDA and Vapor Unlimited (and four co-petitioners)
– Aug. 23: The court rules in favor of Vapor Unlimited and six other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review

Vaporized, Inc. – Petition for review filed Oct. 11 – 5th Circuit Court of Appeals

Vapornine LLC (New Leaf Vapor Co.) – Petition for review filing date unknown – 11th Circuit Court of Appeals
– May 17: The court hears oral arguments from FDA and Vapornine (and four co-petitioners)
– Aug. 23: Despite being consolidated for oral arguments with four of the companies that today had MDOs vacated in a favorable court decision, Vapornine was not included in that ruling. The status of Vapornine’s MDO appeal is unclear

Wages and White Lion Investments, LLC – see Triton Distribution

31st Aug 2022

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