Triton (and Vapetasia) and the FDA engage in oral arguments before the full Fifth Circuit. A separate brief also filed today by the Vapor Technology Association (VTA)Īn amicus brief was filed today by the Washington Legal Foundation, supporting AVAIL Vapor’s Supreme Court challenge of the Fourth Circuit Court’s denial of AVAIL’s petition for review (The Triton case covers many of the same issues.)Īmicus brief filed today from a group of experts including David Abrams, Clive Bates and David Sweanor supporting AVAIL Vapor’s Supreme Court challenge of the Fourth Circuit Court’s denial of AVAIL’s petition for review. Reynolds files a motion asking the Fifth Circuit to stay the merits briefing in its challenge to the FDA denial order for menthol Vuse products until after the court decision in the Triton rehearing. This news according to attorney Greg Troutman Reynolds’ motion (filed yesterday) to stay the merits briefing in its challenge to the FDA denial order for menthol Vuse products until after the court decision in the Triton rehearing. Reynolds’ Vuse menthol MDO appeal to the District of Columbia Circuit CourtĪ Second Circuit three-judge panel unanimously denied Magellan’s petition for review of the MDO for its flavored Juno refill pods The Fifth Circuit denies a motion (filed earlier in June) by the FDA to transfer R.J. The company could now ask for an en banc rehearing with all Ninth Circuit judges Likewise, if you’re aware of companies receiving denials of administrative review applications, please let us know.Ī three-judge panel of the Ninth Circuit Court today rules 3-0 to deny Lotus Vaping Technologies’ petition for review of its MDO. If you know of any, please comment or contact me. It is possible there are still companies that have filed legal challenges to MDOs we aren’t aware of. 18, but many of the events predated the article. 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. You can now view legal and administrative actions by date (with the newest events listed first) or by the companies involved (listed alphabetically). We’ve overhauled this article, making it easier to navigate. More than 30 companies have taken legal action to dispute FDA denials. We will also list administrative stays (or denials) issued by the FDA, based on MDO reviews conducted by the agency. 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.
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