FDA enters into administrative suspension of Bidi Vapor refusal to market order for its flavored PURPOSES

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At September 29, 2021, Bidi Vapor has filed a petition for review with the United States Court of Appeals for the Eleventh Circuit, seeking judicial review of the MDO under the Tobacco Control Act (TCA), the Administrative Procedure (APA) as well as the US Constitution. As a result, Bidi Vapor asked the court of appeal to set aside the MDO and provide any additional relief that may be appropriate, including any relief necessary to ensure that Bidi can continue to market the products subject to the MDO to its customers. adult customers.

“We appreciate the FDA’s decision to suspend or suspend MDO as it reconsiders its denial. As we explained to the Agency, Bidi Vapor has submitted scientifically rigorous PMTAs containing product-specific evidence demonstrating that the added benefit of our flavored BIDI® Sticking to adult smokers outweighs the potential risks to young people, especially given our strict prevention measures for youth access and our commitment to mature, adult-focused marketing, ”a declared Niraj Patel, CEO of the company.

“That said, we are still asking for a formal judicial suspension of the appeals court pending the outcome of the trial,” Patel noted.

The company has now filed a stay motion pending review with the 11th Circuit Court of Appeals due to the continued irreparable harm the MDO has caused. The stay motion summarizes how the FDA’s actions were illegal, as they were arbitrary and capricious, as well as ultra vires, for the FDA not carry out any scientific review of PMTAs. The FDA also violated due process and the APA by failing to provide fair notice of the apparent requirement for a specific type of long-term study, which it had previously indicated would not be necessary.

Regarding the litigation, Patel noted, “We believe in scientific regulation of the ENDS and hope the courts will require the FDA to comply with the law when reviewing our PMTAs.

Bidi Vapor remains committed to regulatory compliance and the pre-market review process and is moving forward with its planned studies to support its PMTAs. The Company’s behavioral studies show that the majority of BIDI® Stick users are older smokers who have been successful in quitting or drastically reducing the number of cigarettes smoked daily. This is consistent with the soon to be published clinical pharmacokinetic (PK) study completed by Bidi Vapor, which demonstrates that BIDI® The sticks provide nicotine to adult consumers comparable to their usual brand of cigarette and have similar subjective effects as well. In short, behavioral studies and the PK study show that BIDI® Sticks can be a satisfactory alternative to smoking for current smokers and can ease their transition to quitting.

“These study results are exciting, but we continue to develop product-specific data to support the commercialization of BIDI.® Stick for adult smokers. We have a tough road ahead, but we look forward to the challenge and working with the FDA to get our products market cleared, ”Patel said.

ABOUT BIDI VAPOR
Situated at Melbourne, Florida, Bidi Vapor maintains a commitment to responsible marketing, supporting age verification standards and sustainability through its BIDI® Cares recycling program. The company’s first device, the BIDI® Stick, is a premium product comprised of medical grade components, a UL certified battery, and technology designed to provide a consistent vaping experience for adults 21 and older. Bidi Vapor is also adamant about strict adherence to all federal, state and local guidelines and regulations. At Bidi Vapor, innovation is at the heart of our mission, with BIDI® Stick promoting environmental sustainability, while providing a unique vaping experience for adult smokers.

For more information, visit www.bidivapor.com

ABOUT KAIVAL BRANDS
Situated at Grant, Florida, Kaival Brands is a company focused on growing and incubating innovative and profitable products in mature and dominant brands in their respective markets. Our vision is to develop in-house, acquire, own or exclusively distribute these innovative products and to make each of the leading brands in the market with superior quality and recognizable innovation. Kaival Brands is the exclusive global distributor of all products manufactured by Bidi Vapor.

Learn more about Kaival Brands Innovations Group, Inc., at www.ir.kaivalbrands.com.

Forward-looking statements

This press release includes statements that constitute “forward-looking statements” within the meaning of federal securities laws, which are statements other than historical fact that frequently use words such as “anticipate”, “believe”, “continue “,” Could “,” estimate “,” expect “,” foresee “,” intend “,” be able “,” plan “,” position “,” should “,” the strategy “,” target “,” “And similar words. All forward-looking statements speak only as of the date of this press release. Although we believe that the plans, intentions and expectations reflected or suggested by the forward-looking statements are reasonable, there can be no assurance that these plans, intentions or expectations will be realized. Therefore, actual results and results could differ materially from what is expressed, implied or expected in such statements. Our business can be influenced by many factors that are difficult to predict, involving uncertainties that could materially affect results, and are often beyond our control. Factors that could cause or contribute to such differences include, but are not limited to, the timing and results of the FDA’s PMTA process; the scope of future FDA regulatory application in the ENDS industry; the FDA’s approach to the regulation of synthetic nicotine and its impact on our business; the duration and extent of the COVID-19 pandemic and its impact on demand for the products we distribute; actions taken by governments, businesses and individuals in response to the pandemic, including mandatory business closures and restrictions on on-site business interactions; the impact of the pandemic and the measures taken in response to the pandemic on global and regional economies and economic activity; the pace of recovery as the COVID-19 pandemic subsides; general economic uncertainty in major world markets and worsening global economic conditions or low levels of economic growth; the effects of actions we may take to reduce operating costs; our inability to generate and maintain profitable sales growth; circumstances or developments which may render us unable to implement or realize the expected benefits, or which may increase the costs, of our current and planned business initiatives; changes in government regulations or laws that affect our business; significant changes in our relationships with our distributors or sub-distributors; and those factors detailed by us in our public filings with the Securities and Exchange Commission. All forward-looking statements included in this press release are expressly qualified in their entirety by such cautionary statements. Except as required by federal securities laws and the rules and regulations of the Securities and Exchange Commission, we have no intention or obligation to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.

SOURCE Kaival brands

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