The US Court of Appeals for the District of Columbia has rejected Fontem US's emergency motion to lift the marketing denial order (MDO), as reported by vaporvoice. The court refused to grant the stay of the order due to Fontem's delay in filing the motion.
Fontem Ventures, a subsidiary of Imperial Brands PLC and the parent company of Fontem US, which owns the global e-cigarette brand blu, has been ordered to remove its Myblu product from store shelves. This ruling means that Fontem is legally required to comply with the marketing denial order (MDO) and if they choose to appeal, they will have to follow legal procedures.
The court stated: "Fontem has demonstrated that the Marketing Denial Order (MDO) is causing harm to its business, but they waited over two months after the MDO was issued to seek a temporary solution. The court found Fontem's argument for business harm to be insufficient.
The court stated that Fontem has not provided a strong indication that it may successfully appeal the marketing denial order (MDO) issued in the United States. The U.S. FDA identified several reasons for issuing the MDO and provided Fontem with fair notice.
The court stated that Fontem US, LLC did not meet the strict requirements for filing a motion to stay the injunction prior to court review.
The FDA has issued a Marketing Denial Order (MDO) against several myblu brand products manufactured by Fontem US. This includes tobacco and electronic cigarette products that have received negative action for their Pre-Market Tobacco Product Application (PMTA) submission prior to market release. These products, including those restrained by MDO, are prohibited from being sold, distributed, or marketed in the United States.
In a press release, the FDA stated that on April 8th, they issued a Marketing Denial Order (MDO) to Fontem US, LLC for several myblu electronic nicotine delivery system (ENDS) products, as it had been determined that there was insufficient evidence to prove that selling these products would be conducive to protecting public health.
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