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.

Exclusive Analysis | Smoore H1 Revenue Rises 19.9% Amid Growth Concentration, Profit Pressure and Slowing Momentum
Exclusive Analysis | Smoore H1 Revenue Rises 19.9% Amid Growth Concentration, Profit Pressure and Slowing Momentum
Smoore’s first-half 2026 revenue rose 19.9%, but the results revealed growing structural risks beneath the headline growth. Heat-not-burn contributed about 61% of incremental revenue and remains driven largely by one core customer, while traditional vaping markets diverged, own-brand growth slowed and China enterprise revenue declined further. Gross profit and adjusted profit lagged revenue growth, while second-quarter revenue growth slowed to about 1.9%, putting greater focus on the quality, concentration and sustainability of Smoore’s expansion.
Capital Markets
Aug.20
JUUL Purchasers Ask Ninth Circuit to Preserve Antitrust Classes in Case Over Altria’s $12.8 Billion Investment
JUUL Purchasers Ask Ninth Circuit to Preserve Antitrust Classes in Case Over Altria’s $12.8 Billion Investment
Private antitrust litigation stemming from Altria's 2018 $12.8 billion investment for a 35% economic interest in JUUL is advancing before the U.S. Court of Appeals for the Ninth Circuit. Direct purchasers, indirect purchasers and indirect resellers of JUUL products filed answering briefs this week seeking to preserve class certifications granted by a California federal court in February. Altria and JUUL argue that individual consumers and large distributors differ too much in purchasing terms to remain in a single direct-purchaser class, while a separate dispute concerns whether California antitrust law can apply to indirect purchasers across 27 jurisdictions. A September trial has been put on hold during the appeal.
Sep.23
UK Reform Party Proposes Cap of 1,000 Vape Shops Under Plan to Tighten Retail Controls
UK Reform Party Proposes Cap of 1,000 Vape Shops Under Plan to Tighten Retail Controls
The UK Reform Party has proposed limiting the number of dedicated vape shops in the country to around 1,000 as part of a plan to tighten oversight of vape retail channels. The proposal was put forward by Reform UK deputy leader and MP Lee Anderson. The plan remains a political proposal and has not become UK government policy, with no detailed legislation, implementation timeline or allocation rules announced.
Aug.10
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona's First Things First is pushing for an excise tax equal to 50% of the retail price of vaping products, estimating that the measure could generate about $100 million annually. The agency says its tobacco-tax revenue has fallen 47% from 2008 levels. Arizona has attempted to broaden its nicotine tax base in each of the past two years: a 2025 bill proposed a 50% wholesale-price tax, while a 2026 measure shifted to a 50% retail-price tax covering alternative nicotine products and vapor products. Separately, the state enacted HB 4001 this year to establish a new licensing and sales framework for alternative nicotine products.
Sep.21
New York’s 75% Wholesale Tax on Nicotine Pouches Takes Effect Sept. 1, With Aug. 31 Inventory Subject to Floor Tax
New York’s 75% Wholesale Tax on Nicotine Pouches Takes Effect Sept. 1, With Aug. 31 Inventory Subject to Floor Tax
New York State will extend its tobacco products tax to “alternative nicotine products,” including tobacco-free nicotine pouches, from September 1, 2026, at a rate of 75% of the wholesale price. Distributors, wholesalers and retailers must also inventory products held as of 11:59 p.m. on August 31 and pay a floor tax. Vapor products are excluded from the new category and remain subject to New York's separate 20% supplemental sales tax on the retail price.
Aug.26
UK HMRC Urges Public to Report Suspicious Vape Shops in Crackdown on Tax Fraud, Money Laundering and Illicit Tobacco Sales
UK HMRC Urges Public to Report Suspicious Vape Shops in Crackdown on Tax Fraud, Money Laundering and Illicit Tobacco Sales
HM Revenue & Customs is urging members of the public to report vape shops, barber shops and other high-street businesses suspected of tax fraud, money laundering or other illegal activity, with informants not required to provide personal details. HMRC plans more than 30,000 interventions in 2026-27 targeting tax fraud, organised crime and illicit activity, including the sale of illegal vapes and tobacco. The push forms part of a broader UK effort to tackle organised crime on high streets, backed by a £30 million government enforcement programme.
Regulations
Aug.17 by 2Firsts Perspectives