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

FDA Appoints Former Tobacco Enforcement Deputy Jessica Zeller as Director as Agency Weighs PMTA Framework Changes
FDA Appoints Former Tobacco Enforcement Deputy Jessica Zeller as Director as Agency Weighs PMTA Framework Changes
The U.S. Food and Drug Administration (FDA) has named Jessica Zeller director of the Center for Tobacco Products' (CTP) Office of Compliance and Enforcement (OCE), effective November 1, 2026. Zeller, the office's inaugural deputy director, returns from medical device manufacturer Edwards Lifesciences with more than 20 years of regulatory and legal experience. The appointment follows CTP leadership changes and adjustments to tobacco regulation. Bret Koplow became permanent CTP director in September; the FDA revised enforcement priorities for unauthorized e-cigarettes and nicotine pouches in May and announced faster PMTA review procedures. On September 28, the agency said it would evaluate changes to the existing PMTA regulatory framework, including potential rulemaking to replace it.
FDA
Oct.20 by 2Firsts Perspectives
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
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
Philip Morris International's IQOS has extended its partnership with electronic-music event brand ZAMNA to Spain, setting up a House of IQOS at ZAMNA Madrid. Vogue España and Time Out Madrid subsequently published branded content clearly labeled as collaborations with IQOS. PMI has also expanded its company-owned IQOS boutique network in Spain to seven cities this year. The company says IQOS's adjusted heated-tobacco market share in Europe reached 12.6% in the first quarter of 2026, with Spain among its stronger-performing European markets.
Sep.20
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
FDA CTP Director Bret Koplow used his FDLI keynote in Washington to outline how the agency is rethinking the PMTA framework. He discussed category-specific review, nicotine pouch and sPMTA pilots, AI-assisted review, a 70% reduction in pending applications, and a major staffing constraint: CTP currently has only nine scientific review teams. He also reaffirmed tobacco harm reduction while stressing youth protection, flavored products, risk communication, and the challenge of unauthorized e-cigarettes.
Regulations
Oct.06
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
Germany collected €9.789 billion in total tobacco tax revenue from January through August 2026, down 10.8% from a year earlier, according to the Federal Ministry of Finance. Germany's tobacco tax base covers not only cigarettes and fine-cut tobacco but also heated tobacco and vaping liquids taxed as tobacco substitutes. The German Association of the Tobacco Industry and Novel Products, or BVTE, citing federal statistical data, said tax-paid cigarette volume fell 12.6% to 40.6 billion sticks. BVTE is using the latest figures to argue against further tax increases planned from 2027 through 2030, while Germany's parliament is scheduled to hold a first reading of the bill on September 24.
Sep.23
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI nicotine pouch brand Nordic Spirit has entered a long-term partnership with Manchester’s Co-op Live, becoming the venue’s Official Nicotine Pouch Partner. The 23,500-capacity venue is the UK’s largest indoor live entertainment arena. Nordic Spirit will run in-venue activations for existing adult nicotine consumers and sell products at selected arena bars. The agreement was entered into before the relevant UK sponsorship restrictions were introduced, while the government intends to implement a comprehensive ban on advertising and sponsorship of vaping and nicotine products from June 1, 2027.
Sep.07