tobacco and accessories company turning point brands incs tpb shares fell 5 friday after it said its considering a formal appeal and potential legal relief as a result of a market denial order mdo from the us food and drug administration for some of its vapor products tpb will continue to engage with the fda and other stakeholders as we consider options moving forward the company said the fda denial order came in response to a premarket tobacco product application by turning point brands the company said the application established that the products continued marketing would be appropriate for the protection of public health the standard established by the family smoking prevention and tobacco control act of 2009 these products are crucial to improving public health by helping adult smokers migrate to less harmful products the company said shares of the company are up 88 so far this year compared to a gain of 191 by the sp 500 spx 