US FDA appeals against court ruling that Myblu can remain on sale pending review

The US Food and Drug Administration (FDA) has hit back at a court-issued stay allowing Fontem’s Myblu vaping products to continue to be legally sold in the US.

The agency has argued that the Tobacco Control Act makes Fontem’s products unlawful to be sold without market authorisation. It says all a court can do is return a marketing denial order (MDO) to the FDA for review – and that while that review is taking place, products cannot be legally sold.