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On July 18, the Fifth Circuit Court of Appeals denied Triton’s petition to review a marketing denial order (MDO) issued by the Food and Drug Administration (FDA) in September 2021. The decision, which industry observers have been watching for nearly a year, could cap off one of the most significant legal battles between a notable vapor manufacturer and the FDA—one that has been viewed as something of a proxy for a wider struggle. Dozens of other smaller vape companies have accused the agency of operating unfairly, and will likely be disheartened by this ruling.