Disagreement among the judges who denied an appeal against a marketing denial order (MDO) issued by the US Food and Drug Administration (FDA) against Triton vaping products has allowed the firm to request a rehearing by a broader panel of judges.
Wages and White Lion Investments, which does business as Triton Distribution, has filed for an “en banc” rehearing before all active judges on the Fifth Circuit after an initial three-judge panel rejected its appeal against a MDO issued by the FDA by a 2-1 vote.