Electronic cigarette company Logic Technology Development has received a court order from the third circuit court of appeals in the United States, which temporarily suspends the marketing refusal order imposed by the US Food and Drug Administration (FDA).
The temporary injunction issued by the circuit court means that both the Logic Pro peppermint e-cigarette oil pack and the Logic Power peppermint cigarette oil pack products can be sold by US retailers and wholesalers during the suspension period.
According to media reports, the Third Circuit Court is now considering Logic's further motion regarding a marketing injunction, giving the company seven days to submit the marketing injunction.
The directive states: "The motion to temporarily stay the administrative decision mentioned above is hereby approved. The FDA's marketing denial of Logic Pro mint nicotine fluid cartridges and Logic Power mint nicotine liquid packaging products is temporarily postponed. Within seven days of this directive, the petitioner must file a motion to stay the decision and await a response from the FDA within the following ten days.
The committee considering postponing the motion may make a decision without waiting for a response, therefore any response must be submitted as soon as possible (and no later than three days after the response).
The temporary administrative suspension will remain in effect until a court panel makes a decision on Logic's new motion to stay. If a stay request is not filed promptly, the clerk is authorized and instructed to dissolve the temporary administrative stay.
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