Governor DeSantis has officially endorsed a bill aimed at limiting the availability of single-use vape pens but not e-liquids.
Governor Ron DeSantis has recently endorsed a legislative measure aimed at curbing the sale of unauthorized vapes featuring enticing marketing and flavors, especially those appealing to minors.
Set to be enforced from October 1st, the new law, identified as HB 1007, exclusively targets single-use vape products. However, it includes provisions exempting refillable devices and e-liquids associated with "open system" vape products, typically less vibrant and more costly than their disposable counterparts.
Palm City Representative Toby Overdorf and Gainesville Senator Keith Perry, both Republicans, spearheaded HB 1007, a prominent topic of discussion during the latest legislative session.
Initially, the bill proposed a ban on the sale of any vape products lacking FDA approval, potentially limiting retailers to only 23 tobacco-flavored products primarily offered by major tobacco companies. However, after receiving feedback from various stakeholders, Overdorf and Perry revised the legislation, responding to concerns raised by business owners, industry advocates, and consumers—many of whom are former smokers—about potential adverse impacts on businesses and smoking relapses.
The version signed by Governor DeSantis diverges from the FDA standard, instead mandating the Department of Legal Affairs under Attorney General Ashley Moody to compile and maintain a directory of single-use nicotine vapes deemed appealing to minors. The directory will be made public by January 1, 2025, with regular updates.
Nick Orlando, President of the Florida Smoke Free Association, lauded lawmakers for enacting what his organization views as sensible yet responsible regulations, emphasizing the importance of safeguarding vaping options for adults while regulating the industry to protect minors.
The legislation also imposes stringent penalties, including fines and potential imprisonment, for selling prohibited nicotine products, reinforcing the commitment to deter underage access to such products and maintain public health safety standards.
New York City Sues 11 More Vape Shop's For Selling Disposable Vapes
On April 4, New York City Mayor Eric Adams announced a lawsuit against 11 companies accused of selling illegal flavored disposable vapes, a scene reminiscent of a similar announcement last year targeting a different set of vape distributors.
This year's lawsuit was filed in New York County's state court, a toned-down affair compared to the previous year's federal case. Accusations this year center on violations of New York City Public Health Law, the city administrative code, and a public nuisance statute, omitting last year’s severe charges of racketeering and wire fraud.
Despite the statewide ban on the sale of flavored vapes (excluding tobacco flavor) initiated in 2020 shortly after a similar New York City law was enacted, compliance has been sporadic, and flavored vaping products are widely available.
In a press release, Mayor Adams stated, "Protecting public safety includes safeguarding the health of New Yorkers, especially our children. This administration is dedicated to enforcing laws against illegal vape sales." He emphasized that the lawsuit aims to hold 11 wholesalers accountable for their role in the illegal distribution of flavored disposable e-cigarettes, amidst claims of rising nicotine addiction among youths.
Contrary to the mayor's statement, recent data reveals a decline in vaping among middle and high school students, with more than a 60% decrease since its peak in 2019 and continued low rates of cigarette smoking. Only a small fraction of students who vape do so regularly, indicating that the situation may not be as severe as suggested.
The timing of Adams' renewed focus on vaping coincides with ongoing investigations into alleged campaign fundraising violations and other legal challenges, including a serious accusation of sexual assault by a former police colleague.
The entities named in the lawsuit are based in New York State, including EnvironMD Group LLC, GT Imports, Kayla Wholesale, Inc. (also known as The Vapery), KLCC Wholesale Inc., V. Trading, LLC, Pioneer Distribution, Inc. (operating Wevapeusa.com and Seller Supreme LLC), RZ Smoke Inc., Star Zone Inc., Urban Smoke Distributors, Vape More Inc. and More LLC, and Vape Plus Distribution Corp. (G&A Distribution). All are implicated in the legal action spearheaded by the city to address the sale of prohibited vape
flavors.
Disposable vapes hurting marlboro sale’s
According to a report released last week by Barclays Research, the investment research division of the multinational bank, projections indicate that U.S. tobacco giant Altria Group may fall short of its fiscal year 2024 earnings estimates unless a decline in cigarette sales is reversed through a crackdown on disposable vapes.
Barclays anticipates a 10 percent decrease in Altria's cigarette shipping volumes for the fiscal year 2024, along with a projected 2 percent decline in EBIT (earnings before interest and taxes), a key measure of profitability.
Barclays suggests that there is a possibility of improvement in U.S. cigarette volumes if the FDA/DOJ successfully curbs the growth of disposable e-cigarettes. If such regulatory measures are effective, U.S. cigarette volumes could seean improvement, enabling Altria to achieve its earnings per share guidance range of $5.00-$5.15.
It's important to note that the FDA has not yet authorized the sale of any modern disposable vapes, which have gained popularity in recent years and directly compete with cigarettes in convenience stores and gas stations.
Nebraska bill aimed at curbing minors access to vaping
The Nebraska General Affairs Committee recently heard testimonies on LB1296, a bill aimed at curbing minors' access to vaping devices in the state. Sponsored by Senator Jana Hughes, the bill proposes a prohibition on the sale of electronic nicotine delivery systems (ENDS) products not approved by the U.S. Food and Drug Administration (FDA).
Non-compliance would be considered a deceptive trade practice, following the model of other states like Alabama and Louisiana. While devices pending FDA approval would be allowed, online sales of ENDS, irrespective of FDA approval, would be banned. Additionally, LB1296 seeks to establish a directory of FDA-approved ENDS manufacturers,
with mandatory registration and fees for manufacturers starting April 1, 2025. The fees collected would contribute to enforcing the bill's provisions. Despite the severity of the issue, the committee has yet to take immediate action on LB1296. Other states like Louisiana have implemented laws restricting the sale of vape products not listed on a state-approved registry, emphasizing the need for FDA approval or adherence to specific exceptions for product authorization.
AUSTRALIA DISPOSABLE VAPE BAN
Australia's initial steps towards vaping reforms were taken this week by the Governor-General in Federal Executive Council. Amendments to therapeutic goods and customs regulations were introduced to address growing health risks associated with vaping while ensuring patients have legitimate access to therapeutic vapes under health practitioner supervision for smoking cessation and nicotine dependence management.
Starting January 1, 2024, the importation of disposable vapes will be prohibited, regardless of nicotine content or therapeutic claims, with limited exceptions for international travelers for treatment purposes. Disposable vapes imported before this date can be lawfully supplied with specific requirements.
To prepare for forthcoming legislation in early 2024, prohibiting domestic manufacture, advertisement, supply, and possession of disposable vapes, retailers can deplete existing stock lawfully.
Additionally, from January 1, 2024, doctors and nurse practitioners can prescribe therapeutic vapes for smoking cessation or nicotine dependence without TGA pre-approval. This aims to reduce administrative burdens while ensuring legitimate access as part of medically supervised strategies.
Non-therapeutic vapes' importation will be prohibited from March 1, 2024, ending the personal importation scheme for vapes. Limited exceptions exist for international travelers. Non-therapeutic vapes imported before this date can be lawfully sold by retailers under state or territory laws.
New pre-market requirements for therapeutic vapes, applicable from March 1, 2024, include obtaining customs licenses, permits, and compliance with new product standards. Standards limit flavors to mint, menthol, or tobacco and specify device requirements previously excluded.
The TGA will publish a list of compliant therapeutic vapes for smoking cessation or nicotine dependence. Importers and manufacturers must notify the TGA and comply with new standards. Products imported or manufactured before March 1, 2024, may be supplied by pharmacies if they meet relevant product standards.
During 2024, product standards for therapeutic vapes will be further strengthened, including reduced permissible nicotine concentrations and pharmaceutical packaging requirements. Therapeutic vapes containing medicinal cannabis remain regulated separately.
The reforms are evidence-based and consultatively developed, with no criminalization of vapers. Personal possession and use of vapes are not criminalized by the Australian Government. Amendments to regulations were published on the Federal Register of Legislation.
FLORIDA VAPE BILL SB 1006 TO CONTROL THE MARKET
This bill, sponsored by Regulated Industries and Perry, focuses on regulating nicotine products and dispensing devices in Florida. The proposed measures include requiring nicotine product manufacturers selling dispensing devices in the state to submit a form, verified under penalty of perjury, to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation for each device meeting specific criteria. Penalties are outlined for manufacturer violations. The bill prohibits certain nicotine dispensing devices from being sold for retail in the state, with criminal penalties for unlawful sales. Additionally, it addresses the seizure and destruction of unauthorized nicotine dispensing devices following the guidelines of the Florida Contraband Forfeiture Act.
Effective Date: October 1, 2024
WEST VIRGINIA BILL WOULD LIMIT THE NUMBER OF VAPE SHOPS
West Virginia Delegate Geno Chiarelli has proposed a new bill to regulate and restrict the proliferation of vape stores and head shops across the state.
Introduced on January 17, House Bill 4856 addresses the surge in vape stores and head shops in West Virginia, raising concerns about potential access to legal and illegal drugs by minors. Legislators assert that the prevalence of these establishments is linked to an increase in crime in affected areas. The proposed amendment seeks to restrict the number of vape stores and head shops to one per every 15,000 residents per county. The bill is slated for review by the Committee on Prevention and Treatment of Substance Abuse before proceeding to the Judiciary Committee.
FLORIDA VAPE BILL TO BAN VAPING AT THE BEACH
The measure (SB 1576), championed by Chair Ana Maria Rodriguez, proposes fines for violations, starting at $100 for the initial offense and escalating to $500 for subsequent breaches. The state park system, which generally adheres to the Florida Clean Indoor Air Act barring indoor smoking, has a sole exception in Ellie Schiller Homosassa Springs Wildlife State Park due to its designation as a "congested area."
Senator Jonathan Martin, while expressing support for the bill, suggested considering exemptions for areas accommodating overnight stays, such as campgrounds and RV sites. The bill now advances to the Appropriations Committee on Agriculture, Environment, and General Government.
Notably, a parallel House bill (HB 495) has yet to undergo committee hearings. In 2022, legislators passed a measure granting cities and counties the authority to regulate smoking in beaches and parks under their ownership.
VAPE COMPANIES VS. FDA
February 6, 2024
The motion for an en banc rehearing of R.J. Reynolds' requests for stays of the Vuse menthol Marketing Denial Orders (MDOs) (specifically for Vuse Vibe, Solo, and Alto) was denied by the Fifth Circuit Court. The court had previously granted the stays pending review, and these stays continue to be in effect for the now-consolidated petitions.
February 2, 2024
In the consolidated appeals of MDOs for menthol Vuse Vibe, Solo, and Alto refills, the Fifth Circuit Court issued two orders related to R.J. Reynolds. The first order rejected the FDA's motion to dismiss the Alto appeal or transfer it to a different circuit. The second order granted Reynolds' motion for a stay pending review for the Vuse Alto menthol refills. Simultaneously, the FDA's motion to lift previously granted stays for the Vibe and Solo refills was denied.
Bidi Vapor took action on the same day, filing a motion with the Eleventh Circuit Court to stay the MDO for its tobacco-flavored disposable Bidi Stick-Classic pending review. This motion followed the company's petition for review of the MDO on January 26.
February 1, 2024
R.J. Reynolds sought a stay of proceedings in the consolidated appeal of MDOs for Vuse menthol refills (Vuse Vibe, Solo, and Alto) from the Fifth Circuit. The motion aimed to halt proceedings "pending resolution of any further proceedings" in the Triton Distribution vs. FDA appeal, particularly before the Supreme Court of the United States. The court had previously decided on June 15, 2023, to hold the Vuse appeals in abeyance, linking them to the outcome of the Triton appeal. On January 3, 2024, the Fifth Circuit ruled in favor of Triton and against the FDA, leaving a petition to the Supreme Court as the FDA's sole avenue for potential reversal of the Triton decision.
January 18, 2024
SMOK, in collaboration with a Texas-based distributor, has submitted a petition for review in the Fifth Circuit challenging the FDA's Marketing Denial Order (MDO) issued on January 16 for 22 standalone SMOK hardware products.
January 3, 2024
The Fifth Circuit Court ruled in favor of Triton and Vapetasia with a 10-6 decision, granting their consolidated appeal and remanding their Pre-Market Tobacco Applications (PMTAs) back to the FDA for further review.
November 14, 2023
A panel at the Tenth Circuit Court heard oral arguments from Electric Clouds and Cloud Nine Vapor Products, along with the FDA, in their joint appeal of FDA MDOs. The consolidation of these cases occurred on an undisclosed date.
October 19, 2023
In a 2-1 decision, a panel at the Third Circuit Court denied Logic's appeal of MDOs for Logic Power and Logic Pro menthol refills, issued a year prior. Judge David Porter dissented, suggesting the FDA's treatment of menthol vapes was politically driven rather than scientifically grounded. Logic now has the option to request an en banc rehearing with all Third Circuit judges or seek a hearing from the Supreme Court. Additionally, the Fifth Circuit consolidated R.J. Reynolds' appeals for its Vuse Alto menthol pod and Vuse Vibe menthol refill MDOs.
October 16, 2023
The Fifth Circuit issued a temporary stay of the MDO directed at R.J. Reynolds for its Vuse Alto menthol pods on October 13.
October 10, 2023
The Supreme Court declined to hear AVAIL Vapor's appeal of its loss in the Fourth Circuit. The case was rejected without comment. Legal expert Jonathan Adler suggests the Court might be awaiting a more substantial split of opinions among the circuit courts and a stronger case to consider.
September 14, 2023
The Ninth Circuit denied Lotus Vaping Technologies' motion for an en banc rehearing of its petition for review.
August 29, 2023
A divided decision was issued by a three-judge panel of the D.C. Circuit in the Fontem US myblu appeal. Fontem's petition for review of the MDOs for the myblu device and tobacco-flavored pods was granted, while the appeal of MDOs for most pods in flavors other than tobacco was denied.
August 21, 2023
Lotus Vaping Technologies has submitted a motion for an en banc rehearing of its petition for review in the Ninth Circuit.
July 7, 2023
A unanimous ruling by a three-judge panel in the Ninth Circuit denied the consolidated appeal by Lotus Vaping Technologies and Nude Nicotine. Options now include seeking an en banc rehearing with all active Ninth Circuit judges or requesting a hearing by the Supreme Court.
June 27, 2023
The Fifth Circuit rejected the FDA's motion to transfer R.J. Reynolds' Vuse menthol MDO appeal to the District of Columbia Circuit Court.
June 16, 2023
A unanimous decision by a three-judge panel in the Second Circuit denied Magellan's petition for review of its MDO for flavored Juno refill pods.
June 15, 2023
The Fifth Circuit granted R.J. Reynolds' motion to stay the merits briefing in its appeal of the MDO for menthol Vuse products until after the court decision in the Triton Distribution rehearing.
June 14, 2023
R.J. Reynolds filed a motion asking the Fifth Circuit to stay the merits briefing in its appeal of the MDO for menthol Vuse products until after the court decision in the Triton Distribution rehearing. The Triton case covers similar issues.
June 14, 2023
An amicus brief was filed by experts, including David Abrams, Clive Bates, and David Sweanor, supporting AVAIL Vapor's Supreme Court appeal of its loss in the Fourth Circuit. A separate amicus brief was filed by the Vapor Technology Association (VTA).
May 31, 2023
The Washington Legal Foundation filed an amicus brief supporting AVAIL Vapor's Supreme Court appeal of its loss in the Fourth Circuit.
May 16, 2023
Triton Distribution/Vapetasia and the FDA presented oral arguments before the full Fifth Circuit. Triton argued in favor of its petition for review, while the FDA defended its MDOs.
May 11, 2023
AVAIL Vapor appealed the Fourth Circuit's denial of its petition for review to the Supreme Court, requesting a writ of certiorari for a fresh look at PMTA process deficiencies.
May 9, 2023
The Third Circuit heard oral arguments from Logic and the FDA regarding Logic's petition for review of the MDOs for Logic's menthol refills.
April 7, 2023
The FDA petitioned the Fifth Circuit to rehear its decision granting R.J. Reynolds a stay pending review of the FDA's MDO of Vuse Vibe menthol refills. The FDA seeks an en banc review, to be heard with Triton Distribution's MDO appeal.
March 23, 2023
The Fifth Circuit granted a stay pending review of the MDO for Vuse Vibe menthol refills. Reynolds withdrew its appeal of the Vuse Ciro refills.
March 20, 2023
The Fifth Circuit granted R.J. Reynolds a temporary stay of the March 17 Vuse Solo menthol refill MDO, pending a motion for a stay pending appeal.
February 6, 2023
The Second Circuit heard oral arguments in Magellan's appeal of the MDO for its Juno-brand refill pods.
January 25, 2023
The Fifth Circuit granted R.J. Reynolds a temporary stay of the MDO issued on January 24 for Vuse Vibe and Ciro menthol refills. The temporary stay is pending a motion for a stay pending appeal.
January 25, 2023
The D.C. Circuit Court heard oral arguments from Fontem US and the FDA regarding MDOs issued for the myblu device and multiple flavored refill pods.
January 19, 2023
The Fifth Circuit Court granted Triton Distribution and Vapetasia an en banc rehearing of their MDO appeal, involving all active judges on the Fifth Circuit.
December 12, 2022
A unanimous decision by a three-judge panel of the Fourth Circuit denied AVAIL Vapor's petition for review of its MDO. AVAIL now has the option to seek an en banc rehearing with all Fourth Circuit judges or request a hearing by the Supreme Court.
THE LEGAL ACTIONS THEY TOOK
7 Daze LLC – Filed a petition for review on Oct. 7, 2021, in the Ninth Circuit Court of Appeals.
Al Khalifa Group LLC – Filed a petition for review in 2021 (exact date unknown) in the Ninth Circuit Court of Appeals.
– Nov. 3, 2021: FDA stayed Al Khalifa Group's MDO pending administrative review.
– March 1, 2022: FDA rescinded Al Khalifa Group’s MDO after administrative review.
– (Date unknown): Al Khalifa voluntarily withdrew its petition for review, according to Vapor Voice.
American Vapor, Inc. – Filed a petition for review in 2021 (exact date unknown) in the Fifth Circuit Court of Appeals.
– Jan. 28, 2022: The court issued a stay of proceedings for American Vapor, Inc.'s petition pending a decision in Triton Distribution’s petition (according to FDA’s official MDO list updated Feb. 3).
– (2022 – date unknown): Vapor Voice reported on April 22 that American Vapor withdrew its petition to the court.
AVAIL Vapor, LLC – Filed a petition for review on Sept. 30, 2021, in the Fourth Circuit Court of Appeals.
– Nov. 1, 2021: FDA stayed AVAIL's MDO pending administrative review.
– Feb. 23, 2022: FDA denied AVAIL’s appeal.
– Dec. 12: A unanimous decision by a three-judge Fifth Circuit panel denied AVAIL’s petition for review. The company could now seek an en banc rehearing with all active Fourth Circuit judges or request a hearing by the Supreme Court.
– May 11, 2023: AVAIL appealed the Fourth Circuit’s denial to the Supreme Court, requesting a writ of certiorari for a fresh look at PMTA process deficiencies.
– May 31: The Washington Legal Foundation filed an amicus brief supporting AVAIL’s Supreme Court appeal.
– June 14: An amicus brief was filed by a group of experts, including David Abrams, Clive Bates, and David Sweanor, supporting AVAIL’s Supreme Court appeal. A separate brief was filed by the Vapor Technology Association (VTA).
– Oct. 10: The Supreme Court refused to hear AVAIL’s appeal of its loss in the Fourth Circuit.
Bad Modder Fogger (BMF Labs) – Filed a petition for review on Oct. 4, 2021, in the Fourth Circuit Court of Appeals.
Bidi Vapor LLC (PMTAs for flavored Bidi Stick disposables) – Filed a petition for review and motion for expedited review on Sept. 29, 2021, in the Eleventh Circuit Court of Appeals.
– Oct. 22, 2021: FDA stayed Bidi Vapor’s MDO pending administrative review.
– Oct. 25: Bidi filed a motion for a stay pending court review of its MDO.
– Nov. 19: Bidi filed its opening brief and requested the court allow oral argument.
– Nov. 24: An amicus brief in support of Bidi Vapor’s petition was filed by David Abrams, Clive Bates, and David Sweanor.
– Feb. 1, 2022: The court stayed Bidi’s MDO pending review.
– May 17: The court heard oral argument from Bidi Vapor and the FDA.
– Aug. 23: The court ruled in favor of Bidi Vapor and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA scientific review.
Bidi Vapor LLC (PMTA for tobacco-flavored Bidi Stick-Classic disposable) – Filed a petition for review on Jan. 26, 2024, in the Eleventh Circuit Court of Appeals.
– Feb. 2, 2024: Bidi Vapor filed a motion asking the Eleventh Circuit Court to stay the MDO for its tobacco-flavored disposable Bidi Stick-Classic pending review.
Breeze Smoke, LLC – Filed a petition for review on Oct. 4, 2021, in the Sixth Circuit Court of Appeals.
– Oct. 13, 2021: Breeze Smoke filed an emergency motion for a stay pending court review of its MDO.
– Nov. 12: Breeze Smoke’s motion for a stay was denied by the court.
– Nov. 23: Breeze Smoke applied to the Supreme Court for a stay pending review by the circuit court of its MDO.
– Nov. 29: Supreme Court Justice Brett Kavanaugh asked the FDA to respond to Breeze Smoke’s application for a stay by Monday, Dec. 6.
– Dec. 6: FDA filed its memorandum in opposition to Breeze Smoke’s application for a stay of its MDO by the Supreme Court.
– Dec. 7: Breeze Smoke responded to the FDA brief filed yesterday opposing Breeze Smoke’s application to the Supreme Court for a stay of its MDO. Breeze Smoke also filed a supplemental declaration from employee Steven Haddad in which Haddad claims that Breeze Smoke “developed the.
Fumizer, LLC – Petition for review filed on Oct. 6, 2021, at the Ninth Circuit Court of Appeals.
Oct. 22, 2021: FDA rescinded Fumizer’s Modified Denial Order (MDO), products moved back into scientific review.
Feb 2, 2022: Ninth Circuit dismissed Fumizer’s appeal for "failure to prosecute," as reported by Vapor Voice; FDA review remains unaffected.
Gripum LLC – Petition for review filed on Oct. 8, 2021, at the Seventh Circuit Court of Appeals.
Oct. 17: Gripum filed an emergency motion for a stay pending court review of its MDO.
Oct. 19: Court temporarily stayed Gripum’s MDO pending motion consideration.
Oct. 27: Gripum replied to FDA's opposition to a stay.
Nov. 4: Court stayed Gripum’s MDO pending review.
Dec. 27: Gripum filed a brief preceding oral arguments.
Dec. 30: Amicus brief in support of Gripum’s petition filed by Abrams, Bates, and Sweanor.
Apr. 20, 2022: Court heard oral arguments.
Aug. 29: Court denied Gripum’s petition, potential for en banc rehearing or Supreme Court hearing.
Humble Juice Co., LLC – Petition for review filed in October 2021 (exact date unknown) – Ninth Circuit Court of Appeals.
Nov. 2, 2021: FDA rescinded Humble Juice’s MDO, products moved back into scientific review; Humble Juice withdrew the petition, as per Tobacco Reporter.
Jay Shore Liquids LLC – Petition for review filed in 2021 (exact date unknown) – D.C. Circuit Court of Appeals.
(2021/22 – date unknown): D.C. Circuit consolidated appeals of Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co.
Feb. 4, 2022: FDA filed a brief supporting its MDOs.
Feb. 9: D.C. Circuit scheduled oral arguments for April 21.
Jul. 26: D.C. Circuit denied petitions for review by Jay Shore Liquids and others; potential for en banc rehearing or Supreme Court hearing.
Johnny Copper LLC – Petition for review filed on Oct. 7, 2021, at the Eleventh Circuit Court of Appeals.
Feb. 1, 2022: Court stayed Johnny Copper’s MDO pending review.
May 17: Court ruled in favor of Johnny Copper, nullifying MDOs, putting PMTAs back into FDA review.
Juul Labs, Inc. – Petition for review filed on June 24, 2022, at the D.C. Circuit Court of Appeals.
June 24, 2022: Juul Labs filed a petition, temporary stay granted.
June 27: Juul filed an emergency motion for a stay.
Jul. 5: FDA granted an administrative stay; joint motion to hold legal challenge in abeyance filed.
Jul. 6: Juul withdrew emergency motion.
Sept. 20: Juul filed a lawsuit against FDA under FOIA, related to MDO issued on June 23.
Liquid Labs LLC – Petition for review filed on Oct. 12, 2021, at the Third Circuit Court of Appeals.
Oct. 27, 2022: Third Circuit panel unanimously denied Liquid Labs’ petition; potential for en banc rehearing or Supreme Court hearing.
Logic Technology Development (Logic LLC) – Petition for review filed on Oct. 27, 2022, at the Third Circuit Court of Appeals.
Oct. 26, 2022: Logic received MDOs for two menthol-flavored refills.
Oct. 27: Logic LLC filed a petition for review and an emergency motion for a temporary stay.
Oct. 28: Third Circuit granted a temporary stay.
May 9, 2023: Court heard oral arguments.
Oct. 19, 2023: Panel decided 2-1 to deny Logic’s appeal of MDOs; potential for en banc rehearing or Supreme Court hearing.
Lotus Vaping Technologies, LLC – Petition for review filed on Oct. 14, 2021, at the Ninth Circuit Court of Appeals.
Aug. 4, 2022 update: Ninth Circuit consolidated Lotus’s petition with Nude Nicotine’s (date unknown).
Jul. 7, 2023: Ninth Circuit ruled unanimously to deny the consolidated petition; potential for en banc rehearing or Supreme Court hearing.
Aug. 21: Lotus filed a motion for en banc rehearing.
Sept. 14: Motion denied by the Ninth Circuit.
Magellan Technology, Inc. – Petition for review filed on Sept. 24, 2021, at the Second Circuit Court of Appeals.
Feb. 6, 2023: Second Circuit panel ruled unanimously to deny Magellan’s petition; potential for en banc rehearing or Supreme Court hearing.
My Vape Order, Inc. – Petition for review filed on Sept. 30, 2021, at the Ninth Circuit Court of Appeals.
Oct. 18, 2021: FDA stayed MVO’s MDO pending administrative review.
Nov. 24: Amicus brief in support of MVO’s petition filed by Abrams, Bates, and Sweanor.
Jan. 5, 2022: Court held MVO’s appeal in abeyance pending FDA’s administrative process.
Jan. 19: FDA “partially rescinded” MVO’s MDO “with respect to certain products.”
Jul. 19: FDA admitted decision on MVO’s appeal may not be made until January 2024.
New World Wholesale, Inc. & Shenzhen Goldreams Technology Co., Ltd. – Petition for review filed on Oct. 11, 2021, at the Fifth Circuit Court of Appeals.
Nude Nicotine, Inc. – Petition for review filed on Oct. 6, 2021, at the Ninth Circuit Court of Appeals.
Aug. 4, 2022 update: Ninth Circuit consolidated Nude Nicotine’s appeal with Lotus Vaping Technologies’ (date unknown).
Jul. 7, 2023: Ninth Circuit ruled unanimously to deny the consolidated petition; potential for en banc rehearing or Supreme Court hearing.
Paradigm Distribution – Petition for review filed on Oct. 11, 2021, at the Fifth Circuit Court of Appeals.
Nov. 29, 2021: Fifth Circuit granted a stay pending appeal; consolidated with Cloud House, STW Global Supply, SV Packaging, and Vaporized.
Pop Vapor Co. LLC – Petition for review filed in 2021 (exact date unknown) – Eleventh Circuit Court of Appeals.
Nov. 23, 2021: FDA partially rescinded Pop Vapor Co.’s MDO.
Mar. 14, 2022: Eleventh Circuit stayed FDA enforcement pending review.
May 17: Court ruled in favor of Pop Vapor Co., nullifying MDOs; PMTAs back into FDA review.
Prohibition Juice Co. – Petition for review filed on Oct. 13, 2021, at
VAPE COMPANIES WITH MDO'S AND MDO REMOVALS
Note: This list is not comprehensive. Companies that received MDOs for products not confirmed to be currently marketed are not listed below to protect confidential commercial information (CCI).
Great American Vapes, 8/26/2021
JD Nova Group LLC, 8/26/2021
Vapor Salon, 8/26/2021
Big Time Vapes, 8/30/2021
J-Vapor LLC dba North Shore Vapor, 8/31/2021
SS Vape Brands Inc. Dba Monster Vape Labs, 8/31/2021
Custom Vapors, 8/31/2021
The Vaping Tiger, 8/31/2021
Gothic Vapor, 8/31/2021
TrendSetters E-liquid LLC, 8/31/2021
SWT Global Supply, 8/31/2021
Diamond Vapor, 9/1/2021 - On August 23, 2022, the United States Court of Appeals for the Eleventh Circuit granted the petitions for review, set aside the MDOs, and remanded the matters to FDA.
American Vapor Group, 9/1/2021
MV Enterprises, 9/1/2021
Planet of the Vapes, 9/1/2021
CITTG dba Orgnx E Liquids, 9/1/2021
Vapors of Ohio Inc. dba Nostalgic Vapes, 9/1/2021
Buckshot Vapors Inc., 9/1/2021
Royalty Premium E Juice, 9/1/2021
Imperial Vapors, 9/1/2021
Midwest Vape Supply, 9/1/2021
Dominant Vapor, 9/1/2021
Mountain Vaporz, 9/1/2021
Sir Vapes -A-Lot, 9/1/2021
Loveli Design LLC dba Alice in Vapeland, 9/1/2021
Nicquid, 9/1/2021
Millennial One Inc. dba The Finest E-Liquid, 9/2/2021
Vaping Oasis, 9/2/2021
Liquid Nics LLC, 9/3/2021
Decent Juice, 9/3/2021
Wyoming Vapor Company, 9/3/2021
SadBoy, 9/3/2021
Viper Vapor, 9/3/2021
Vapor Source Inc., 9/3/2021
MJ Asset Holdings, 9/3/2021
Gentlemen's Draw LLC, 9/7/2021
Custom Vapor Blends LLC, 9/7/2021
Nasty Worldwide SDN BHD, 9/7/2021
Johnny Copper, 9/7/2021 - On August 23, 2022, the United States Court of Appeals for the Eleventh Circuit granted the petitions for review, set aside the MDOs, and remanded the matters to FDA.
Flavor Labs dba Mob Liquid Labs, 9/7/2021
Zen RVA LLC, 9/7/2021
Quad City Vapers Club, 9/7/2021
Marina technology LLC, 9/7/2021
Creative Focus dba Red Devil Vapors, 9/7/2021
Doomsday Gourmet, 9/7/2021
Tasty Haze, 9/7/2021
Treehouse Vapor Company dba Flagship Vapor, 9/7/2021
Arc LLC, 9/7/2021
Vapor Plus OK, 9/7/2021
Balboa, 9/7/2021
Nude Nicotine, 9/7/2021
Seattle, 9/7/2021
Vape On, 9/7/2021
Red Rock Vapor, 9/7/2021
SWT Global Supply, 9/7/2021
Performance Plus Marketing Inc., 9/7/2021
Bidi Vapor, 9/7/2021 - On August 23, 2022, the United States Court of Appeals for the Eleventh Circuit granted the petitions for review, set aside the MDOs, and remanded the matters to FDA.
Malicious Liquids Inc, 9/8/2021
Vertigo Vapor, 9/8/2021
Lady Boss Vapor, 9/8/2021
Vapor Outlet of Wyoming LLC dba Juicity Vapor, 9/8/2021
Propaganda E-Liquid LLC, 9/8/2021
JMJL Global, 9/8/2021
Matrix Minds, 9/8/2021
Alaska Elixirs Vape LLC, 9/8/2021
Gripum LLC, 9/8/2021 - On August 29, 2022, the United States Court of Appeals for the Seventh Circuit denied Gripum’s petition for review.
VIM Blends, 9/8/2021
HotSpot Café LLC dba VV-Juice, 9/8/2021
Mountain Oak Vapors, LLC, 9/8/2021
Mom and Pop Vapor Shop, 9/8/2021
Xtreme Vapors, 9/8/2021
My Vape Order Inc., 9/8/2021 - On October 18, 2021, the Agency issued a stay for this MDO pending its review. On January 19, 2022, FDA partially rescinded this denial with respect to certain products.
Midas Vape LLC, 9/8/2021
American Vapor Inc., 9/8/2021
Securience LLC, 9/8/2021
VPR Collection, 9/8/2021
Underdog E-liquids LLC, 9/8/2021
Steep Slope Vape Supply, 9/8/2021
Electric Smoke Vapor House, 9/8/2021
7 Daze LLC, 9/8/2021
Warlock Vapes dba Zuluvapes, 9/8/2021
Lazarus Vintage Corporation, 9/8/2021
