Here Are the Vape Companies Challenging MDOs in Court

Oct. 22 update
One name has been added to the list below: Lotus Vaping Technologies, LLC has filed a petition for review in court.

Also, the FDA has today stayed enforcement of the MDO issued to Bidi Vapor, based on an administrative appeal. (Bidi has also filed a petition for federal court review, and a motion for expedited consideration.)

Oct. 19 update
The FDA issued an updated MDO list on Oct. 19 with just one change from the previous list published Sept. 22—a stay on the MDO for one company (My Vape Order) while the agency completes an administrative review. We have noted that in the list.

There have also been temporary stays issued by federal courts to Triton Distribution (Wages and White Lion Investments) and Gripum LLC.

These and future updates to the information in the list below will also be noted in bold type.

Although news about vaping industry legal actions against the FDA has focused mostly on Turning Point Brands’ successful challenge, at least 27 other manufacturers and distributors have also filed petitions asking federal circuit courts to review their Marketing Denial Orders (MDOs).

None of the companies on the list of MDO recipients received their denials after Sept. 17, which means those on the list that have not already filed a petition for review are beyond the 30-day window for appeal. However, several of the companies that have filed actions in court are not included on the FDA’s list, so it’s possible other unlisted companies are still within the 30-day time limit. (The FDA also hasn’t updated its official list since Sept. 23.)

We have created a list of manufacturers that have filed petitions for review of MDOs, and in some cases motions for a stay of FDA enforcement. They’re listed alphabetically, and next to the company name is the date of the legal action, the circuit court hearing the petition, and other applicable information. If we have covered the case in an article, the most recent coverage is linked. (For those companies whose names are known only from a list created by the Public Health Law Center we have no filing dates.)

This list will be updated if additional court filings become available.

List of vape companies challenging FDA Marketing Denial Orders (MDOs)

7 Daze LLC Petition for review filed 10/7 – 9th Circuit Court of Appeals

AVAIL Vapor, LLC Petition for review filed 9/30 – 4th Circuit Court of Appeals

Bad Modder Fogger (BMF Labs) Petition for review filed 10/4 – 4th Circuit Court of Appeals

Bidi Vapor LLC Petition for review filed 9/29 – 11th Circuit Court of Appeals. Bidi also filed a motion for expedited consideration by the court. UPDATE: The FDA announced Oct. 22 that it has stayed Bidi’s MDO while it completes an administrative review of the order

Breeze Smoke, LLC Petition for review filed 10/4 – 6th Circuit Court of Appeals. Breeze Smoke also filed an emergency motion for a stay on 10/13

Cloud House Petition for review filed 10/8 – 5th Circuit Court of Appeals

Cloud Nine Vapor Products Petition for review filed 10/8 – 10th Circuit Court of Appeals

Diamond Vapor LLC Petition for review filed 10/1 – 11th Circuit Court of Appeals

E-Liquid Brands, LLC Petition for review filed 10/7 – 4th Circuit Court of Appeals

ECS Global LLC Petition for review filed 10/12 – District of Columbia Circuit Court of Appeals. ECS Global received MDOs for Phix pod-vape devices and prefilled Phix pods

Electric Clouds Petition for review filed 10/8 – 10th Circuit Court of Appeals

Fresh Farms E-Liquid Date of filing unknown – 7th Circuit Court of Appeals. Public Health Law Center says this legal action challenges a Refuse to Accept (RTA) determination—not an MDO

Fumizer, LLC Petition for review filed 10/6 – 9th Circuit Court of Appeals

Gripum LLC Petition for review filed 10/8 – 7th Circuit Court of Appeals. Gripum also filed an emergency motion for a stay on 10/17. UPDATE: On Oct. 19, the court temporarily stayed Gripum’s MDO while its motion for a longer-term stay is considered

Johnny Copper LLC Petition for review filed 10/7 – 11th Circuit Court of Appeals

Liquid Labs LLC Petition for review filed 10/12 – 3rd Circuit Court of Appeals

Lotus Vaping Technologies, LLC Petition for review filed 10/14 – 9th Circuit Court of Appeals

Magellan Technology, Inc. Petition for review filed 9/24 – 2nd Circuit Court of Appeals

My Vape Order, Inc. Petition for review filed 9/30 – 9th Circuit Court of Appeals. UPDATE: The FDA announced Oct. 18 that it has stayed My Vape Order’s MDO while it completes an administrative review of the order

New World Wholesale, Inc. & Shenzhen Goldreams Technology Co., Ltd. Petition for review filed 10/11 – 5th Circuit Court of Appeals

Nude Nicotine, Inc. Petition for review filed 10/6 – 9th Circuit Court of Appeals

Paradigm Distribution Petition for review filed 10/11 – 5th Circuit Court of Appeals

Prohibition Juice Co. Petition for review filed 10/13 – District of Columbia Circuit Court of Appeals

Simple Vapor Company Petition for review filed 10/12 – 6th Circuit Court of Appeals

SV Packaging Date of filing unknown – 5th Circuit Court of Appeals

SWT Global Supply, Inc. Petition for review filed 10/1 – 5th Circuit Court of Appeals

Turning Point Brands, Inc. Petition for review filed 9/23 – 6th Circuit Court of Appeals. Turning Point Brands withdrew its petition for review after the FDA reinstated to review the TPB products that had received MDOs. TPB was the first company to file a petition for review, and the first to ask the court for a stay preventing FDA enforcement while the company’s appeal was considered

Vapor Unlimited LLC Petition for review filed 10/8 – 11th Circuit Court of Appeals

Vaporized, Inc. Petition for review filed 10/11 – 5th Circuit Court of Appeals

Wages and White Lion Investments (Triton Distribution) Petition for review filed 10/6 – 5th Circuit Court of Appeals. Triton also filed a motion for a stay and for expedited consideration. UPDATE: On Oct. 15, the court temporarily stayed Triton’s MDO while its motion for a longer-term stay is considered