FDA Issues Marketing Denial Order for 22 SMOK E-cigarette Products

Regulations by 2FIRSTS.ai
Jan.17.2024
FDA Issues Marketing Denial Order for 22 SMOK E-cigarette Products
The US FDA has issued a Marketing Denial Order for 22 SMOK brand e-cigarette products from Shenzhen IVPS Technology Co., Ltd.

On January 16th, the U.S. Food and Drug Administration (FDA) issued Marketing Denial Orders (MDOs) against 22 SMOK brand e-cigarette products from Shenzhen IVPS Technology Co., Ltd, based in Shenzhen, China. The products that were denied marketing approval included devices, e-liquid cartridges, atomizers, and pods, which are marketed as part of the e-cigarette system but do not contain e-cigarette e-liquid.

 

The FDA explained that the company is prohibited from promoting or distributing these products in the US market, or else they will face enforcement actions by the FDA. After reviewing the company's PMTAs, the FDA concluded that these applications lack sufficient evidence to demonstrate that allowing these products to enter the market would be appropriate for public health, as required by the 2009 Family Smoking Prevention and Tobacco Control Act. Specifically, the applicants failed to provide sufficient data to describe ingredient release, product stability, and product misuse risks.

 

The rejected SMOK e-cigarette products did not come with e-cigarette liquid. Consumers are required to separately purchase and add their own e-cigarette liquid to the device. Therefore, these SMOK products have the potential to be used with any e-cigarette liquid available on the market, including both tobacco and non-tobacco flavors. According to the 2023 National Youth Tobacco Survey (NYTS), SMOK is reported as the sixth most popular brand among teenage e-cigarette users, with 11.3% of high school students reporting use of SMOK products in the past 30 days.

 

Dr. Brian King, Director of the Center for Tobacco Products (CTP) at the FDA, stated:

 

Science serves as the foundation of the FDA tobacco product review process, and CTP remains committed to evaluating tobacco products based on public health standards, taking into consideration the risks and benefits posed by such products to the entire population. It is the responsibility of the applicant to provide sufficient scientific evidence to demonstrate that the introduction of a new tobacco product into the market is appropriate for safeguarding public health. In this particular case, the applicant failed to provide this evidence.

 

After undergoing rigorous scientific scrutiny by the FDA, tobacco products that receive a Marketing Denial Order (MDO) are prohibited from being introduced or delivered into interstate commerce. If these products are currently being sold on the market, they must be withdrawn. The manufacturers, distributors, and retailers selling or distributing these products in interstate markets will be in violation of the law and may face enforcement actions. The FDA provides the latest information on MDOs, including updates or changes, such as revocations or relevant court rulings, on its Tobacco Product Marketing Orders webpage. However, companies can submit new applications for products that are subject to these MDOs.

 

The FDA also stated that this action is part of its ongoing efforts to ensure that all new tobacco products cannot be legally marketed until they have undergone science-based evaluation and obtained FDA marketing authorization.

 

Since 2020, the FDA has received over 26 million applications for products and has made decisions on 99% of these applications. So far, the FDA has authorized 23 e-cigarette products and devices with tobacco flavors. To enable retailers, consumers, and others to know which products can be legally marketed, the FDA has provided a list of e-cigarette products and devices that have obtained marketing authorization orders (MGOs). Additionally, the FDA has rejected the marketing applications for millions of products that failed to meet the necessary public health standards required by law.

 

The following is a list of products that have been issued MDOs:

 

  • SMOK OSUB ONE Device
  • SMOK OSUB ONE RPM Cartridge
  • SMOK RPM DC 0.8 Ω MTL Atomizer
  • SMOK OSUB ONE RPM Cartridge 3 Pack
  • SMOK RPM DC 0.8 Ω MTL Atomizer 5 Pack
  • SMOK Nfix Device
  • Nfix DC 0.8 Ω MTL Pod
  • SMOK POZZ Device
  • SMOK POZZ DC 0.8 Ω Pod
  • SMOK RPM 40 Device
  • SMOK RPM Empty Standard Cartridge
  • SMOK RPM Empty Nord Cartridge
  • SMOK RPM Mesh 0.4 Ω Atomizer
  • SMOK Nord DC 0.8 Ω MTL Atomizer
  • SMOK SCAR-P3 Device
  • SMOK SCAR-P3 Empty RPM 2 Cartridge
  • SMOK SCAR-P3 Empty RPM Cartridge
  • SMOK PRM 2 Mesh 0.16 Ω Atomizer
  • SMOK RPM Mesh 0.4 Ω Atomizer
  • SMOK Nord 2 Device
  • SMOK Nord 2 RPM Cartridge
  • SMOK Nord 2 Nord Cartridge

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

UK Councils Seize More Than 1.3 Million Non-Compliant Vapes One Year After Disposable Ban
UK Councils Seize More Than 1.3 Million Non-Compliant Vapes One Year After Disposable Ban
One year after the UK disposable vape ban came into force, local authorities continue to seize illegal and non-compliant vaping products. FOI data compiled by nicotine retailer Northerner shows more than 1.3 million products were seized between June 2025 and May 2026, with Bolton recording the highest number of seizures and Swansea reporting the highest estimated value.
Jul.21
Charlie’s Says 30 PACHA Vape SKUs Tentatively Identified for FDA’s Non-Priority Enforcement Public List
Charlie’s Says 30 PACHA Vape SKUs Tentatively Identified for FDA’s Non-Priority Enforcement Public List
Charlie’s Holdings said the U.S. Food and Drug Administration notified the company on June 23, 2026, that 30 PACHA vape SKUs with submitted PMTAs had been tentatively identified for inclusion on a planned public-facing FDA webpage. Under enforcement guidance issued by FDA in May, the webpage is intended to identify certain unauthorized products for which the agency generally does not intend to prioritize enforcement of premarket authorization requirements. Charlie’s disclosed the development alongside second-quarter revenue of $3.8 million, up 116% year over year.
Aug.25
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
Following recent FDA authorizations for JUUL2 and ZYN ULTRA, 2Firsts Compliance Solutions held an online PMTA briefing on Sept. 4 to examine what the decisions may signal about review efficiency, scientific evidence and U.S. market access. Nearly 30 participants from brands, manufacturers, compliance service providers and investment firms joined the discussion.
2Firsts Events
Sep.06
Product | KT&G Brings LOOP Nicotine Pouches to South Africa, Supporting ASF’s Expansion Across Africa
Product | KT&G Brings LOOP Nicotine Pouches to South Africa, Supporting ASF’s Expansion Across Africa
KT&G has introduced nicotine pouch brand LOOP in South Africa, expanding its modern oral nicotine portfolio. Developed by Swedish company Another Snus Factory (ASF), LOOP is a tobacco-free nicotine pouch brand. KT&G and U.S. tobacco company Altria previously participated in ASF’s strategic development, and the South Africa launch represents a further step in LOOP’s international expansion.
Aug.06
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
BAT Rothmans says it previously considered exiting South Korea's vaping market because of competitive pressure from unregulated products, but is now reassessing conditions following changes to the country's nicotine regulatory framework. Vuse and other BAT vaping products remain available through existing distribution channels. The statement followed a South Korean media report that interpreted BAT's broader withdrawal from selected Vapour markets as a full exit from South Korea. Meanwhile, Philip Morris International launched VEEV inPRIME in the country in June and began expanding distribution to around 14,000 convenience stores and other retail channels in July. The contrasting moves highlight differing investment strategies as South Korea's regulated vaping market evolves.
Aug.14
U.S. Customs Plan to Require Foreign Export Declarations Could Deal ‘Devastating’ Blow to China’s Vape Exports, Logistics gl Expert Says
U.S. Customs Plan to Require Foreign Export Declarations Could Deal ‘Devastating’ Blow to China’s Vape Exports, Logistics gl Expert Says
A U.S. Customs and Border Protection proposal to collect foreign export declarations and other overseas customs documents could expose discrepancies in the value, classification and description of China-made vape shipments entering the United States. A veteran Chinese logistics professional told 2Firsts that the measure, if implemented, could undermine the all-inclusive shipping model used by some unauthorized vape exporters and push parts of the trade toward costlier underground channels. The risk extends beyond higher duties: accurately declared products may also be more readily identified as unauthorized e-cigarettes subject to FDA enforcement.
Special Report
Sep.07