In recent years, the landscape of vaping regulations in the United States has been heavily influenced by legal battles between the Food and Drug Administration (FDA) and various vaping companies challenging Marketing Denial Orders (MDOs).
These MDOs represent the FDA’s decisions to deny marketing authorization for certain vaping products, often due to concerns over their impact on public health.
Here’s a detailed breakdown of the legal actions taken by vaping companies in response to these MDOs:
Legal Actions Listed by Date:
- March 19, 2024 – The FDA petitions the Supreme Court to review the Fifth Circuit decision nullifying Triton Distribution’s MDOs and orders a new PMTA review.
- Feb. 27, 2024 – Cloud Nine Vapor Products and Electric Clouds lose their consolidated MDO appeal in the Tenth Circuit Court.
- Feb. 15, 2024 – The Fifth Circuit grants R.J. Reynolds’ motion to stay proceedings in the appeal of Vuse menthol refills, pending further proceedings in another case.
- Feb. 14, 2024 – Oral arguments are heard in the Eighth Circuit Court regarding SWT Global Supply’s appeal of MDOs for menthol e-liquids.
- Feb. 9, 2024 – Lotus Vaping Technologies petitions the Supreme Court to review the Ninth Circuit’s denial of its appeal of MDOs for flavored e-liquids.
- Feb. 6, 2024 – The Fifth Circuit denies the FDA’s motion for an en banc rehearing of R.J. Reynolds’ motions for stays of Vuse menthol MDOs.
- Feb. 2, 2024 – The Fifth Circuit issues orders in R.J. Reynolds’ consolidated appeals of MDOs for menthol Vuse products.
- Feb. 1, 2024 – R.J. Reynolds files a motion to stay proceedings in the Fifth Circuit, pending resolution of another case in the Supreme Court.
- Jan. 22, 2024 – Magellan petitions the Supreme Court to review the denial of its appeal of MDOs for Juno refill pods.
- Jan. 18, 2024 – SMOK and a Texas-based distributor file a petition for review in the Fifth Circuit of FDA’s MDO for standalone SMOK hardware products.
- Jan. 3, 2024 – The Fifth Circuit rules in favor of Triton Distribution and Vapetasia, sending their PMTAs back to the FDA for review.
- Nov. 14, 2023 – Oral arguments are heard in the Tenth Circuit Court for Electric Clouds and Cloud Nine Vapor Products.
- Oct. 19, 2023 – Logic’s appeal of MDOs for menthol refills is denied by the Third Circuit Court.
- Oct. 16, 2023 – The Fifth Circuit issues a temporary stay of MDOs issued to R.J. Reynolds for Vuse Alto menthol pods.
- Oct. 10, 2023 – The Supreme Court refuses to hear AVAIL Vapor’s appeal of its loss in the Fourth Circuit.
These legal actions represent a fraction of the ongoing disputes between vaping companies and regulatory agencies, highlighting the complexities and challenges surrounding the regulation of vaping products in the United States.
As companies continue to challenge MDOs through legal avenues, the outcomes of these cases will shape the future of the vaping industry and its regulatory framework.