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China-based Shenzhen IVPS Technology, parent to the Smok vaping device brand, has appealed the US Food and Drug Administration (FDA)’s marketing denial order (MDO) for six Smok-branded e-cigarette kits and parts.
The appeal, joined by a Dallas, Texas-based distributor of the subject Smok products, was filed with the New Orleans, Louisiana-based Fifth Circuit Court of Appeals. It challenges the federal agency’s decision, which cited a lack of data on constituent delivery, product stability, and abuse liability.
