Six small manufacturers—American Vapor Company, Breeze Smoke, Elite Brothers, Lead by Sales (doing business as White Cloud Cigarettes), Vapermate, and Vertigo Vapor (doing business as Baton Vapor)—have filed appeals against the U.S. Food and Drug Administration’s marketing denial orders (MDOs), according to Vaping360.
The companies all received MDOs between May 2024 and June 2025 and filed petitions for review in the Fifth Circuit within 30 days.
While American Vapor Company is the only petitioner located within the Fifth Circuit’s jurisdiction, the other manufacturer’s recruited retail co-petitioners located within the jurisdiction, as allowed by the Supreme Court earlier this year. The Fifth Circuit has consolidated the cases as they are challenging on the same grounds and share the same attorneys.
Azim Chowdhury and Eric Gotting of Keller and Heckman are representing the companies.
