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

Trump’s Tobacco Investments and Industry Donations Draw Scrutiny as FDA Eases Vape and Nicotine Pouch Rules
Trump’s Tobacco Investments and Industry Donations Draw Scrutiny as FDA Eases Vape and Nicotine Pouch Rules
A report by KFF Health News says that as the Trump administration pursued a series of policies favorable to the nicotine and tobacco industry, President Donald Trump increased his holdings in tobacco companies while benefiting from substantial industry-linked political donations, prompting questions from public health advocates about potential conflicts of interest and regulatory direction.
Jun.12
EU Launches Online Feedback as TPD Revision Enters New Milestone
EU Launches Online Feedback as TPD Revision Enters New Milestone
The European Commission has opened an online call for evidence on revising EU tobacco products and advertising rules, marking a new phase in the TPD/TAD review. Policy options may cover novel products, flavours, packaging, digital marketing and advertising. A 2Firsts review of 855 early submissions shows rapid engagement and recurring debate over differentiated regulation, harm reduction, youth protection, illicit trade and economic impact.
Special Report
May.21
New West Virginia Vape Law Begins, With Packaging and Ad Restrictions Ahead
New West Virginia Vape Law Begins, With Packaging and Ad Restrictions Ahead
West Virginia’s Vape Safety Act will take effect Thursday, requiring vapor products sold in vape and smoke shops to carry health warnings, legal-age notices, manufacturer information and ingredient disclosures, while introducing new licensing and enforcement rules.
Jun.10
Revised Tobacco Business Act to Take Effect in South Korea, Banning Online Sales of Liquid Vapes
Revised Tobacco Business Act to Take Effect in South Korea, Banning Online Sales of Liquid Vapes
South Korea’s Ministry of Health and Welfare will implement a partial revision of the Tobacco Business Act on April 24. The scope will expand from products made with “tobacco leaves” to all products manufactured with natural or synthetic nicotine. Synthetic nicotine liquid e-cigarettes, which had previously been treated as industrial products and were freely sold and advertised online, will from April 24 be subject to the same regulations as ordinary tobacco products.
Apr.23 by 2FIRSTS.ai
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts held a U.S. compliance briefing in Shenzhen to help vaping, heated tobacco and nicotine pouch supply chain companies strengthen PMTA support capabilities. The event focused on supplier documentation, quality systems, traceability, TPMF/TPMP pathways, age verification and customer audit readiness as U.S. compliance expectations increasingly extend deeper into the nicotine supply chain.
Events
Jun.12
UK Tobacco and Vapes Bill Receives Royal Assent, Banning Tobacco Sales to People Born After 2008
UK Tobacco and Vapes Bill Receives Royal Assent, Banning Tobacco Sales to People Born After 2008
The UK government announced on April 29 that the Tobacco and Vapes Bill had received Royal Assent and become law. Under the new law, it is illegal to sell tobacco to anyone born on or after Jan. 1, 2009. The government said the law creates the UK’s first “smoke-free generation” and includes measures to ban the advertising and sponsorship of vapes and nicotine products, as well as powers to restrict packaging, branding and displays designed to appeal to children.
Apr.30 by 2FIRSTS.ai