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

Illegal Vape Retailers in UK Could Face 12-Month Shutdowns
Illegal Vape Retailers in UK Could Face 12-Month Shutdowns
The UK government plans to expand police and trading standards powers by extending closure orders for shops selling illegal vapes and cigarettes from a maximum of six months to 12 months, in a crackdown on organised crime on high streets.
Jun.12
Canada Vape Enforcement Action Puts VAPME Website, Trademark and China Supply-Chain Links in Focus
Canada Vape Enforcement Action Puts VAPME Website, Trademark and China Supply-Chain Links in Focus
Quebec police seized about 300,000 suspected illegal vape products and froze more than C$1.8 million in funds. Local media said vapme.ca, a website selling flavoured vape products, was shut down during the operation.
Regulations
Jun.18
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
AI is moving from a back-office tool to a core organizational capability in the nicotine industry. Based on JTI’s responses, this 2Firsts feature examines how AI is reshaping talent strategy, internal mobility, decision-making and human accountability as global tobacco companies compete in the shift toward new nicotine categories.
Jun.17
Chinese Disposable Brands OXBAR, LYCO Challenge Vuse and JUUL: Pennsylvania’s Pending List Offers a Glimpse of the Future Legal Vape Market
Chinese Disposable Brands OXBAR, LYCO Challenge Vuse and JUUL: Pennsylvania’s Pending List Offers a Glimpse of the Future Legal Vape Market
Pennsylvania’s June 26 ENDS Pending Certifications list previews the state’s future legal vape market, placing Vuse, JUUL and Logic alongside Chinese-linked disposable brands OXBAR and LYCO. Shaped by PMTA eligibility and state rules, the list shows competition shifting from market share to market access.
Special Report
Jul.06
Putin Signs Russia’s Tobacco and Nicotine Product Licensing Law, Banning Unlicensed Sales From 2027
Putin Signs Russia’s Tobacco and Nicotine Product Licensing Law, Banning Unlicensed Sales From 2027
Russian President Vladimir Putin has signed a law introducing mandatory licensing for wholesale and retail trade in tobacco and nicotine-containing products, with the system taking effect on October 1, 2026, and unlicensed operations banned from March 1, 2027, while vape and e-liquid retail may also face uncertainty from temporary regional sales-ban powers.
Jul.01
State Registries Are Reshaping U.S. Vape Market Access 2Firsts Interview with U.S. Vapor Manufacturers Association President Allison Boughner
State Registries Are Reshaping U.S. Vape Market Access 2Firsts Interview with U.S. Vapor Manufacturers Association President Allison Boughner
As the U.S. vapor market faces FDA authorizations, import seizures and growing state-level restrictions, AVM President Allison Boughner told 2Firsts that state product registries and white-list systems are having the most immediate impact. She said distributors are placing greater weight on documentation, product origin and supply-chain transparency.
Special Report
May.26