FDA Backs Down, Rescinds Turning Point Brands’ MDOs

The FDA has reversed the Marketing Denial Order (MDO) it issued for some Turning Point Brands e-liquids. The agency has moved the TPB products back into scientific review, and in response the company has withdrawn its federal court petition for review, according to Filter reporter Alex Norcia.

Norcia broke the new todays in his blog, which includes a copy of the letter sent Thursday to TPB from FDA Center for Tobacco Products Office of Science Director Matthew Holman. In the letter, Holman claimed the agency had somehow overlooked the scientific evidence the company submitted with its Premarket Tobacco Applications (PMTAs)—which is difficult to believe.

“Upon further review of the administrative record, FDA found relevant information that was not adequately assessed,” wrote Holman. “Specifically your applications did contain randomized controlled trials comparing tobacco-flavored ENDS to flavored ENDS as well as several cross-sectional surveys evaluating patterns of use, likelihood of use, and perceptions in current smokers, current ENDS users, former tobacco users, and never users, which require further review.”

In the last week, two additional companies have filed appeals of their marketing denials. SWT Global Supply, Inc. (Hooligan Vapes) and Wages and White Lion Investments (Triton Distribution) both petitioned the 5th Circuit Court of Appeals for review, and Triton also asked the court to issue a stay, preventing FDA enforcement while the case is decided.

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