FDA Issues MDO for 4 blu and 1 myblu E-cigarette Products

Regulations by 2FIRSTS.ai
Feb.06.2024
FDA Issues MDO for 4 blu and 1 myblu E-cigarette Products
FDA Issues Marketing Denial Order for Fontem US LLC.’s blu® and myblu® E-Cigarette Products in the US.

On February 5th, the U.S. Food and Drug Administration (FDA) issued a Marketing Denial Order (MDO) to Fontem US LLC., a subsidiary of Imperial Tobacco. The MDO targeted four blu disposable e-cigarette products and one myblu-cigarette product. These rejected products included closed-system mint-flavored e-cigarette liquid and several flavored disposable e-cigarettes. As a result, the company is prohibited from promoting or selling these products in the U.S. market or else they will face enforcement actions from the FDA. However, the company has the option to submit new applications for these MDO-rejected products.

 

The current products on the market that have been rejected by the MDO include:

 

The blu® brand offers a range of disposable electronic cigarettes in various flavors and nicotine levels. These include the blu® disposable menthol flavor with a nicotine strength of 2.4%, blu® disposable vanilla flavor with a nicotine strength of 2.4%, blu® disposable icy menthol flavor with a nicotine strength of 2.4%, and blu® disposable cherry flavor with a nicotine strength of 2.4%. Additionally, the myblu product line offers a mint flavor with a lower nicotine strength of 1.2%.

 

The FDA evaluates premarket tobacco product applications (PMTAs) based on public health standards, considering the risks and benefits of the products for the entire population. Following a review of the company's PMTAs, the FDA has determined that these applications lack sufficient evidence to demonstrate that allowing these products to be marketed is appropriate for public health protection, as required by the 2009 Family Smoking Prevention and Tobacco Control Act.

 

Specifically, the application lacks sufficient evidence regarding the harmful and potentially harmful constituents in an aerosol product and the battery safety of multiple products. Furthermore, the applicant has not provided sufficient data to demonstrate the potential benefits of the new product for adult smokers, including the risks of complete smoking cessation or significant reduction in smoking, which would outweigh the risks for adolescents. According to the 2023 National Youth Tobacco Survey, currently, 6% of adolescents who use e-cigarettes report using the blu brand e-cigarette.

 

According to the rigorous scientific review by the FDA, tobacco products that have received marketing denials are prohibited from being introduced or shipped into interstate commerce and must be withdrawn from the market. Manufacturers, distributors, and retailers that violate the law by selling or distributing these products across state lines may face the risk of enforcement actions. The FDA has provided information on MDO on its tobacco product marketing orders webpage.

 

Today's action is part of the FDA's ongoing effort to ensure that all new tobacco products cannot legally be marketed without undergoing scientific review and obtaining FDA authorization. Since 2020, the FDA has received over 26 million applications for deemed products and has made decisions on 99% of these applications. To date, the FDA has authorized 23 e-cigarette devices and tobacco flavor e-cigarette products. The FDA provides a publicly available list of authorized e-cigarette products and devices, which retailers, consumers, and others can consult to understand which products can be legally marketed.

 

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

Innovation, Insights and Networking: NUBIZ Brings the Global NGP Industry Together in Dortmund
Innovation, Insights and Networking: NUBIZ Brings the Global NGP Industry Together in Dortmund
The market for next-generation products is expanding rapidly, with vapes, e-cigarettes, pouches, snus and heat-not-burn products among the industry’s most innovative segments. As part of InterTabac, NUBIZ provides a central platform for reduced-risk tobacco and nicotine products, bringing together global leaders and newcomers from 15 to 17 September. The show combines market insights, product comparisons, networking, a high-level conference programme and exclusive side events.
Jun.03
FDA Foreign Tobacco Registration Proposal Could Strengthen ENDS Import Oversight, Azim Chowdhury Says
FDA Foreign Tobacco Registration Proposal Could Strengthen ENDS Import Oversight, Azim Chowdhury Says
FDA’s proposed rule requiring foreign tobacco manufacturers to register establishments and list products is more than routine paperwork, Keller and Heckman LLP partner Azim Chowdhury told 2Firsts. He said it could strengthen FDA’s import enforcement, inspections and market surveillance. Chinese e-cigarette OEM/ODM manufacturers, specification developers, brand owners and component suppliers may need to review their roles, product data and U.S. market authorization status.
Special Report
Jun.29
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA CTP issued a May 7 statement on accelerating product review and improving PMTA efficiency, but did not push it via official X and newsletter until May 13, one day after FDA Commissioner Marty Makary’s resignation was confirmed. FDA has not explained the delay, and no public evidence links it directly to the leadership change. The timing is notable given CTP’s usual 24-hour distribution practice.
Special Report
May.14
Oral Thin-Film Technology Firm CTT Pharma Eyes U.S. Nicotine Product Trials
Oral Thin-Film Technology Firm CTT Pharma Eyes U.S. Nicotine Product Trials
CTT Pharmaceutical Holdings said it has signed a letter of intent with a U.S. company to conduct clinical trials and testing for several potential nicotine products using its patented oral thin-film technology.
Jun.18
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
The U.S. Food and Drug Administration (FDA) released its 2025 National Youth Tobacco Survey analysis, saying about 2.01 million U.S. middle and high school students currently used any tobacco product; among current youth e-cigarette users, unauthorized disposable brands including Geek Bar, Elf Bar, Lost Mary and Raz had high reported shares, potentially making them a focus for future enforcement.
Jun.24
ZYN ULTRA Expands Haypp’s U.S. E-Commerce Lineup With 9 mg Pouches
ZYN ULTRA Expands Haypp’s U.S. E-Commerce Lineup With 9 mg Pouches
Haypp Group said ZYN ULTRA became available nationwide in the United States on June 15 through its e-commerce platforms Nicokick.com and Northerner.com for verified adult nicotine consumers.
Jun.17