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

Special Report|CrossBar's High-Puff Vapes Draw Attention on Pennsylvania's 163-Product Directory as Link Between Earlier 1.3mL PMTA Filings and New 13mL Products Remains Unclear
Special Report|CrossBar's High-Puff Vapes Draw Attention on Pennsylvania's 163-Product Directory as Link Between Earlier 1.3mL PMTA Filings and New 13mL Products Remains Unclear
Pennsylvania began enforcing its electronic nicotine delivery system directory restrictions on October 19, 2026. Among 163 product listings recorded before enforcement, four CrossBar 20K disposables stood out with 13mL capacity, advertised puff counts of up to 20,000 and a flattened design distinct from conventional pod systems and compact disposables. Historical records identify earlier 1.3mL CrossBar products associated with Romo LLC, while newer 13mL products appeared in several state directories beginning in 2025 under entities including Blue Nine LLC. PMTA compliance expert Mr. K identified amendments and application ownership transfers as possible regulatory mechanisms, although neither has been confirmed in this case. Separately, Reynolds' $7.5 million acquisition of 16 PACHA products and related assets illustrates the commercial value of products linked to historic PMTA submissions.
Special Report
Oct.22
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
At the 2026 New Approaches Summit in New York, FDA Center for Tobacco Products Director Bret Koplow said the PMTA pathway is “predicated on tobacco harm reduction.” He outlined four CTP priorities: youth prevention, helping adults quit or switch to lower-risk products, improving relative-risk communication, and reducing unauthorized products. Koplow also addressed flavored e-cigarettes, public risk perceptions, industry credibility and efforts to make PMTA reviews more efficient and predictable.
Sep.26
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board has endorsed Health Minister Dzulkefly Ahmad's proposal to exempt liquid nicotine used in vaping products from the Poisons List, according to a November 2, 2026, report by CodeBlue. The Board unanimously opposed a similar proposal in 2023, but the government proceeded with the exemption. The Kuala Lumpur High Court invalidated the 2023 decision in May 2026, and the government withdrew its appeal in August. No new ministerial order has been published. The development raises questions about the interaction between Malaysia's two regulatory frameworks and the treatment of RM354.51 million in excise duties collected on e-cigarette and vape products between May 2023 and June 11, 2026.
Regulations
Nov.03
China’s Vape-Related Exports Rose 4.5% in Q3 2026 as 21.6% Growth in Shipments to the UK Offset a Decline in Shipments to the US
China’s Vape-Related Exports Rose 4.5% in Q3 2026 as 21.6% Growth in Shipments to the UK Offset a Decline in Shipments to the US
China's vape-related exports rose 4.5% year over year to $2.86 billion in the third quarter of 2026, led by stronger shipments to the United Kingdom as exports to the United States declined. UK-bound shipments increased 21.6%, adding $81.9 million, while US exports fell 5.2%, or $53.6 million. Growth weakened through the quarter, with September exports down 6.3% globally and 37.8% to the US. Nicotine-containing vape products accounted for more than 82% of the quarterly net increase, while device exports were nearly flat. Nine-month exports totaled $7.82 billion, up 4.0%.
DATA
Oct.26
Special Report | Russia Places Four JTI Businesses Under Temporary Management, a First for Tobacco Majors
Special Report | Russia Places Four JTI Businesses Under Temporary Management, a First for Tobacco Majors
Russia has placed shares in four Japan Tobacco International businesses under temporary management, the first such move involving a major global tobacco manufacturer, according to Interfax. JTI held 35.8% of Russia's tobacco market by volume in the first nine months of 2026. While British American Tobacco and Imperial Brands have exited Russia, Philip Morris International continues operating there. As the market changes and diplomatic efforts continue, could international tobacco companies that left Russia eventually return?
Nov.06
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives