Vape Company Triton Loses Appeal Against FDA-Issued MDO

Industry Insight by VapingpPost
Jul.28.2022
On July 18th, the Fifth Circuit Court of Appeals denied an appeal by vape company Triton, to have a marketing denial order (MDO) issued by the Food and Drug Administration (FDA) reviewed.

This appeal rejection will certainly raise significant concerns amongst vape brands who have submitted similar requests.

Vape Company Triton Loses Appeal Against FDA-Issued MDO

Bidi Vapor, Diamond Vapor, Johnny Cooper and Vapor Unlimited, are some of the vape companies faced with MDOs as part of the FDA’s infamous premarket tobacco product application (PMTA) process. Following court appeals, these brands had their PMTAs suspended and the court ruling in favour of these manufacturers is not an isolated event. Last January the Fifth Circuit Court of Appeals also granted a stay for Triton Distribution.

 

After listening to arguments against the FDA’s arbitrary and capricious PMTA rejectionsfrom dozens of lawsuits, the court also heard from Eric Heyer, the lawyer for mid-sized e-liquid manufacturer Triton Distribution. He questioned what the justifications for the FDA’s decisions were, whilst referring to comparable applications by many other denied companies.

 

In response to these arguments, the Fifth Circuit has like the Eleventh Circuit Court of Appeals, allowed the rejected products to stay on the market at least for the duration of the lawsuit.

 

Like all other vape manufacturers, Triton had until September 2020 to file premarket tobacco product applications (PMTAs), ultimately having to prove its products were more likely to be used by adults looking to switch from cigarettes, as opposed to attracting teens and hooking them on nicotine.

Among the three judges who heard the Triton case, Catharina Haynes and Gregg Costa sided with the FDA, while former chief judge of the Fifth Circuit Edith Jones, disagreed with her colleagues.

 

Filter disclosed that Todd Wages, a partner at Triton Distribution, emphasized that they intend to keep fighting for their reduced-risk products to remain on the market. “I’m very disappointed in the court,” he said as quoted by Filter. “We’re exploring our next steps. I will not stop fighting until I can’t any longer, until every door is closed.” Heyer reiterated that the company “intends to file a petition for rehearing en banc by the entirety of the Fifth Circuit.”

 

Recently issued Juul MDO suspended for further reviews

 

This MDO appeal rejection will certainly raise significant concerns amongst vape brands who submitted similar requests. Meanwhile, the FDA has recently suspended a previously issued Juul MDO to conduct further reviews. “FDA is reviewing the marketing denial orders it issued to JUUL because in the course of reviewing litigation briefing materials the agency determined that there are scientific issues unique to this application that warrant additional review,” said an FDA spokesperson as quoted by Filter. The spokesperson added that because Juul’s “products do not have marketing authorization, [the company] cannot legally market, ship or sell their products,” and “the stay does not change this.”

 

“With this administrative stay from the FDA now in place, we continue to offer our products to adult smokers while we pursue the agency’s internal review process,” Joe Murillo, the chief regulatory officer at Juul Labs, said in a statement. “We remain confident in the quality and substance of our applications and believe that ultimately we will be able to demonstrate that our products do in fact meet the statutory standard of being appropriate for the protection of the public health. We now look forward to re-engaging with the FDA on a science- and evidence-based process to pursue a marketing authorization for JUUL products.”

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

InterTabac 2025 Insights|Lipstick-Like Design: HAYATI Unveils Pod System, Now Listed on Online Dealer Sites
InterTabac 2025 Insights|Lipstick-Like Design: HAYATI Unveils Pod System, Now Listed on Online Dealer Sites
At InterTabac 2025 in Dortmund, Germany, vaping brand HAYATI showcased its new product Hayati Liora, drawing attention with a lipstick-style exterior. The device uses 2 ml pods and is compatible with both pre-filled and refillable/open pods.
Sep.20 by 2FIRSTS.ai
Dutch survey: E-cigarettes containing synthetic cannabinoids are rampant in schools, endangering the health of minors
Dutch survey: E-cigarettes containing synthetic cannabinoids are rampant in schools, endangering the health of minors
An investigation by Dutch program Zembla found THC e-cigarettes with synthetic cannabinoids spreading quickly among schoolchildren. Lab tests confirmed the products are high-risk and potent, having caused students to vomit, faint, or be hospitalized. Addiction clinics report rising cases, and health officials warn educators of serious health and addiction risks.
Sep.12 by 2FIRSTS.ai
Schaghticoke Fair tobacco booth cited for selling flavored e-cigarettes, violating state laws
Schaghticoke Fair tobacco booth cited for selling flavored e-cigarettes, violating state laws
At the Schaghticoke Fair in the US, a tobacco vendor was investigated for selling flavored e-cigarettes. The inspection revealed multiple violations, including failure to display a “Minimum Age 21” sign and failure to post a retail dealer certificate or certificate of registration for tobacco products. According to state law, these flavored e-cigarettes are prohibited from being sold in retail storefronts. The products have been seized pending a hearing and possible penalties.
Sep.02 by 2FIRSTS.ai
STMA to Hold Hearing on License Leasing Case in Shenzhen
STMA to Hold Hearing on License Leasing Case in Shenzhen
The State Tobacco Monopoly Administration (STMA) announced a public hearing will be held on Nov. 11 at 9 a.m. in Bao’an District, Shenzhen, regarding Shenzhen Biaogan Zhizao Technology Co., Ltd. accused of leasing its tobacco retail license.
Oct.31 by 2FIRSTS.ai
Pittsburgh officials consider new restrictions on e-cigarette shops to protect children and communities
Pittsburgh officials consider new restrictions on e-cigarette shops to protect children and communities
Pittsburgh officials consider new restrictions for e-cigarette shops, aiming to protect children and community from nicotine and CBD products.
Sep.17 by 2FIRSTS.ai
JTI UK Expands Nordic Spirit Line, Launches 17mg Nicotine Pouch
JTI UK Expands Nordic Spirit Line, Launches 17mg Nicotine Pouch
JTI UK has launched Nordic Spirit’s highest-strength variant—Frosty Mint Max, delivering 17mg of nicotine per pouch—and introduced a refreshed, darker packaging design for the brand.
Oct.31 by 2FIRSTS.ai