FDA Issues MDO Orders for Over 6,500 E-Cigarette Products

May.15.2023
FDA Issues MDO Orders for Over 6,500 E-Cigarette Products
FDA issued marketing denial orders to 10 companies, preventing them from selling about 6,500 flavored e-cigarette products in the US.

On May 12th, the US Food and Drug Administration (FDA) issued marketing denial orders (MDOs) to 10 companies, all of which produced and sold approximately 6,500 flavors of e-cigarette oil and vape products. The MDOs prohibit these companies from marketing or distributing these products in the US, and retailers selling these illegal products will face enforcement actions from the FDA.


The tobacco products they submitted for pre-market tobacco product applications (PMTA) included a variety of flavored e-cigarette products, but they failed to provide sufficient evidence that allowing the sale of these products would meet public health protection requirements. The flavors of the products that were denied included citrus, strawberry cheesecake, cool mint, and mint.


Today's actions furthered the FDA's continued progress in reviewing and making decisions on over 26 million new tobacco product applications received since spring 2020, with a majority being for electronic cigarette products. Thus far, the FDA has completed reviews for 99% of these products.


Dr. Matthew Farrelly, director of the Office of Science at the FDA's Center for Tobacco Products (CTP), stated that...


Science is the cornerstone of the FDA's tobacco product review process. Today's decision to reject nearly 6,500 products was based on a lack of scientific evidence in the applications. We will continue to ensure that all new tobacco products undergo rigorous, scientific pre-market evaluations to determine whether they meet appropriate public health standards for legal marketing.


The FDA evaluates PMTAs based on public health standards, taking into account the risks and benefits to the entire population. When reviewing PMTAs for these companies, the premise is whether the products have additional advantages for adult smokers compared to tobacco flavors.


However, the evidence submitted by these applicants was insufficient to prove the existence of such advantages, hence they have received a marketing rejection order.


Brian King, the director of CTP, stated:


The applicant is responsible for providing sufficient scientific evidence to demonstrate that the introduction of a new tobacco product to the market meets the requirements for public health protection. To date, including the product in question, no flavored electronic cigarette products have met the standard for scientific adequacy. However, if the applicant meets this standard, the FDA will approve the product.


The companies that have obtained a marketing rejection order include:


Imperial Vapors LLC, Savage Enterprises, Big Time Vapes, SWT Global Supply Inc., Great Lakes Vapor, DNA Enterprise LLC doing business as Mech Sauce, and Absolute Vapor Inc., and ECBlend LLC are among the companies in the vaping industry. However, two other companies' names are not being disclosed by the FDA in order to protect potential commercial confidential information (CCI).


The FDA is committed to ensuring that all members of the industry, including manufacturers, importers, distributors and retailers, comply with the law.


Tobacco products that have been denied approval are prohibited from being sold, distributed, or marketed in the United States. They cannot be introduced or placed in interstate commerce, and if the product is already on the market, it must be removed or face enforcement action.


Reference:


The Food and Drug Administration (FDA) has issued orders denying marketing requests for around 6,500 flavored e-cigarette products.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

U.S. Ninth Circuit Upholds FDA Denial of MH Global’s Flavored Vape PMTA Applications
U.S. Ninth Circuit Upholds FDA Denial of MH Global’s Flavored Vape PMTA Applications
The U.S. Court of Appeals for the Ninth Circuit upheld the FDA’s denial of MH Global LLC’s applications to market flavored electronic nicotine delivery systems (ENDS). The court ruled that FDA’s comparative-efficacy framework, which requires applicants to show that flavored products provide greater cessation or switching benefits than tobacco-flavored alternatives, is consistent with the Tobacco Control Act’s “appropriate for the protection of the public health” standard. The court also found that FDA was not required to establish the framework through notice-and-comment rulemaking.
Aug.26
Retail Case Study | Wisconsin Vape Market One Year After New Regulations: Johnny Vapes Reports 80% Sales Decline as Consumers Shift Online and Across State Lines
Retail Case Study | Wisconsin Vape Market One Year After New Regulations: Johnny Vapes Reports 80% Sales Decline as Consumers Shift Online and Across State Lines
According to WNCY on August 24, 2026, some independent vape retailers in Wisconsin say they have faced significant business pressure one year after new vape regulations took effect. Johnny Vapes, a retailer operating in northeast Wisconsin, said its store count fell from seven locations to four, sales declined by about 80%, and roughly 90% of its inventory was affected. Retailers said some consumers have shifted to online purchases or traveled to neighboring Michigan to buy vape products. The case highlights how local regulations can reshape retail operations, inventory management and consumer purchasing patterns.
Aug.28
Product | R.J. Reynolds Launches Four Flavored Vuse Pro Pods for Vuse Alto Devices in U.S.
Product | R.J. Reynolds Launches Four Flavored Vuse Pro Pods for Vuse Alto Devices in U.S.
R.J. Reynolds Vapor Company has introduced Vuse Pro prefilled pods in Peach, Berry, Watermelon and Fresh Mint in selected U.S. states. Vuse’s U.S. website says the pods are intended for use with existing Vuse Alto devices. Each contains 2.0 mL of e-liquid at 5.0% nicotine by weight, uses nicotine salts and is offered in two- and four-pod packs. Reynolds said the rollout includes mandatory ID scanning for every purchase, purchase limits, stronger retailer-accountability requirements and strict age-restricted marketing standards. The four pods have not received marketing authorization from the U.S. Food and Drug Administration.
Sep.10
As Regulators Focus on Nicotine Pouch Child Safety, Safeguard Pursues an External Packaging Route
As Regulators Focus on Nicotine Pouch Child Safety, Safeguard Pursues an External Packaging Route
As regulators pay closer attention to child safety in nicotine pouches, manufacturers face a practical challenge: how to strengthen child-resistant packaging without unnecessarily reworking products, production lines and regulatory submissions already in place. In a written interview with 2Firsts, Chemular detailed Safeguard’s external packaging approach, its customer-specific testing requirements and possible PMTA pathways. The model remains early-stage, but it offers a new way to think about an increasingly important regulatory and manufacturing issue.
Industry Insight
Sep.19
Altria Smokeable Profit Rises 2.4% as Marlboro Share Falls and U.S. Discounts Gain
Altria Smokeable Profit Rises 2.4% as Marlboro Share Falls and U.S. Discounts Gain
Altria’s second-quarter results show a U.S. nicotine market splitting across price, product and regulation. Smokeable profit rose 2.4% as Marlboro pricing offset lower volumes, while discount brand Basic gained share among value-conscious smokers. In oral nicotine, on! PLUS expanded distribution but faced intensifying competition from ZYN and Velo. NJOY remained off the market as patent and regulatory hurdles delayed its return. The broader lesson: U.S. growth increasingly depends on price-tier strategy, retail execution, authorisation and enforcement readiness across the industry.
Special Report
Jul.31
Nicotine Pouches Gain Ground in U.S. Convenience Stores as Vape Unit Sales Fall 14%
Nicotine Pouches Gain Ground in U.S. Convenience Stores as Vape Unit Sales Fall 14%
According to convenience retail publication CStore Decisions, U.S. convenience store tobacco categories are undergoing a structural shift. Based on Circana OmniMarket Total U.S. Convenience data for the 52 weeks ending June 14, 2026, cigarettes remained the largest category with $50.8 billion in sales, but unit sales declined 5.3%. Electronic smoking devices and vaping products also declined, while modern oral nicotine products continued to grow, with nicotine pouch sales rising 29% in dollars and 17% in units. Retailers said changing consumer preferences are reshaping tobacco product assortments at convenience stores.
Regulations
Aug.07