FDA Issues Sales Ban on Vuse Solo Menthol E-Cigarette Products

Mar.18.2023
FDA Issues Sales Ban on Vuse Solo Menthol E-Cigarette Products
The FDA bans two Vuse Solo menthol e-cigarette products due to lack of evidence supporting their public health benefit.

On March 17th, the US Food and Drug Administration (FDA) issued a ban on the sale of two menthol-flavored e-cigarette products from the Vuse Solo brand owned by Reynolds American Inc. The ban is applicable to "Vuse Replacement Cartridge Menthol 4.8% G1" and "Vuse Replacement Cartridge Menthol 4.8% G2".


Currently, Renault is not allowed to sell these products in the United States or they will face enforcement action from the FDA. However, the company can resubmit an application to address the product defects involved in the MDO constraints.


The FDA has requested that applicants disclose whether mint-flavored e-cigarettes are more beneficial compared to tobacco-flavored e-cigarettes.


The FDA evaluates tobacco products for public health standards before they can be marketed through a Pre-Market Tobacco Application (PMTA). Upon reviewing the company's PMTA, the FDA determined that the application lacked sufficient evidence to prove that allowing the product to be sold would be in the best interest of public health, as required by the 2009 Family Smoking Prevention and Tobacco Control Act. Specifically, the evidence presented by the applicant did not demonstrate that mint-flavored e-cigarettes were less harmful to the adult smoking population compared to tobacco-flavored e-cigarettes.


Existing evidence, including data from the 2022 National Youth Tobacco Survey (NYTS), suggests that non-tobacco flavored e-cigarettes, including mint-flavored e-cigarettes, pose significant risks in terms of attraction, intake, and use among youths. In contrast, data indicates that tobacco-flavored e-cigarettes do not have the same appeal to young people and therefore do not pose the same risks. Given these existing differences in youth risks, the applicant needs to provide strong evidence to demonstrate that the use of their mint-flavored e-cigarette products can greatly reduce cigarette use among adult smokers compared to tobacco-flavored e-cigarettes.


According to data from The New York Times, Vuse is the second most popular brand among teenage e-cigarette users. The FDA aims to ensure not only that the manufacturers comply, but also that the distributors and retailers comply. Retailers who have any doubts about their inventory should contact Reynolds.


This is not the first action taken by the FDA.


This recent action is just one of many taken by the FDA to ensure that tobacco products sold in the United States undergo scientific review and receive PMTA approval. So far, the agency has received over 26 million PMTA applications and has made decisions on 99% of them. Currently, the FDA has approved 23 flavored electronic cigarettes for sale or distribution in the United States, which are the only ones allowed on the market legally.


The FDA has also rejected millions of non-compliant marketing applications, including 10 non-tobacco-flavored e-cigarette pods under the Vuse Solo brand. On January 24 of this year, the FDA also issued marketing bans (MODs) for two products by Reynolds American Inc., including the Vuse Vibe Tank Menthol 3.0% and Vuse Ciro Cartridge Menthol 1.5%.


In October 2022, the FDA issued an MDO (Modified Risk Order) for several mint-flavored e-cigarette products sold by Logic Technology Development. This was the first time the FDA had issued an MDO for products containing menthol after undergoing scientific review. However, a few days later, Logic received an order from the US Third Circuit Court of Appeals, which temporarily suspended the MDO's enforcement.


References:


The FDA has refused to allow two Vuse Solo menthol e-cigarette products to be marketed.


Related reading:


The FDA has announced that it has rendered decisions on 99% of the PMTA applications for electronic cigarettes, and intends to review the remaining popular products by the end of the year.


The FDA issues a marketing refusal order for two Vuse products.


Renault, a tobacco company owned by British American Tobacco, plans to appeal against the marketing ban imposed by the FDA.


The FDA has filed civil lawsuits and imposed fines against four electronic cigarette liquid manufacturers for the first time.


The FDA has scheduled a public hearing on April 12th to discuss the creation of new regulations for the manufacturing of tobacco 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.

Product | HQD SiSA 80K Enters the U.S. Market With a Hookah-Inspired Approach to the High-Capacity Disposable Segment
Product | HQD SiSA 80K Enters the U.S. Market With a Hookah-Inspired Approach to the High-Capacity Disposable Segment
The HQD SiSA 80K Hookah Disposable Vape has appeared across U.S. and cross-border online retail channels. The device comes prefilled with 28ml of e-liquid, uses a 5% nicotine salt configuration and carries a brand claim of up to 80,000 puffs. Beyond puff count, the product differentiates itself through hookah-inspired features including adjustable airflow, a flowing-water sound effect and flavor options associated with traditional hookah consumption.
Aug.18
Product | PMI Japan Expands ZYN by IQOS Strength Portfolio With Strong Series, Increasing Lineup to 12 Products
Product | PMI Japan Expands ZYN by IQOS Strength Portfolio With Strong Series, Increasing Lineup to 12 Products
Philip Morris Japan (PMJ) has expanded the ZYN by IQOS oral tobacco pouch portfolio in Japan with four new ZYN Strong products, adding a third intensity level alongside the existing Low and Medium ranges. The Strong series first entered selected duty-free channels in Japan on July 1, 2026, before expanding to IQOS stores, the ZYN Online Store and selected tobacco retailers from August 18. The expansion increases the Japanese ZYN by IQOS lineup from eight to 12 products.
Aug.20
Charlie’s Bets on Age-Gating and 678 PMTA Assets as U.S. Vape Enforcement Landscape Shifts
Charlie’s Bets on Age-Gating and 678 PMTA Assets as U.S. Vape Enforcement Landscape Shifts
Charlie’s Holdings said in its latest shareholder letter that it is moving to commercialize PACHA products and monetize its PMTA assets as the FDA changes enforcement priorities for unauthorized ENDS products. Thirty PACHA SKUs were previously tentatively identified for a proposed public list of products that the FDA generally does not intend to prioritize for enforcement. Charlie’s is also preparing test-market sales of age-gated flavored disposables and says it currently holds 678 PMTA-related product assets while seeking additional strategic transactions and partnerships.
Sep.11
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Nicotine analogues such as 6-methylnicotine are already appearing in e-cigarettes and oral pouches, even as key human evidence remains limited. A new Nixodine-S study adds nonclinical data showing differences from nicotine in cytotoxicity and receptor activity, while independent studies point to a more complex toxicological picture. With supply-chain activity growing and FDA seeking clearer authority over nicotine analogues, the industry now faces a larger question: what evidence is needed before these substances can credibly replace nicotine?
SCIENCE
Sep.23
Malaysia’s Vape Rules Face Review as Health Minister Dzulkefly Ahmad Addresses Dropped Nicotine Appeal
Malaysia’s Vape Rules Face Review as Health Minister Dzulkefly Ahmad Addresses Dropped Nicotine Appeal
According to Free Malaysia Today on August 26, 2026, Malaysia’s Health Minister Dzulkefly Ahmad said the Health Ministry would explain the government’s decision to withdraw its appeal against a High Court ruling involving the exemption of liquid nicotine used in vape products from the Poisons List. The High Court previously ruled that the exemption decision was irrational. Dzulkefly said withdrawing the appeal did not mean the government would stop regulating vaping, and that future regulatory approaches would continue under existing legal frameworks.
Aug.28
Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Three R.J. Reynolds companies are seeking to intervene in a lawsuit filed by Altria subsidiaries Helix Innovations and NJOY challenging the FDA's 2021 PMTA final rule. The companies dispute how the agency uses Acceptance and Filing reviews and completeness determinations to establish when the Tobacco Control Act's 180-day decision period begins. Reynolds has also linked prolonged PMTA reviews to competition from unauthorized vaping products. The FDA, meanwhile, has been accelerating reviews and reducing its backlog.
Sep.14