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.

Malaysia Police Seize RM12.7 Million in Illegal Vapes and Cigarettes as Probe Points to Sea Shipments From China
Malaysia Police Seize RM12.7 Million in Illegal Vapes and Cigarettes as Probe Points to Sea Shipments From China
Police in Malaysia’s Selangor state seized illegal vape products and contraband cigarettes worth about RM12.7 million (approximately $3 million) in two enforcement operations. According to New Straits Times and The Star, the vape-related operation uncovered 131,036 boxes of vape products, 4,900 bottles of e-liquid and 25,510 vape devices, valued at about RM9.4 million. Police said preliminary investigations indicated that some illegal vape products entered Malaysia through sea shipments from China before moving through storage and distribution networks.
Aug.10
WIRED Investigation: Chinese-Made Vapes Turn to 6-Methyl-Nicotine and Other Analogs, Challenging U.S. Regulation
WIRED Investigation: Chinese-Made Vapes Turn to 6-Methyl-Nicotine and Other Analogs, Challenging U.S. Regulation
U.S. technology and investigative publication WIRED has examined how nicotine analogs are emerging as a new challenge for the country’s vape regulatory framework. The article argues that after the U.S. expanded federal oversight of nicotine products in 2022, some manufacturers began using nicotine-like compounds such as 6-methyl-nicotine that may fall outside existing definitions. Researchers cited by WIRED said some nicotine analogs could be more potent than traditional nicotine, although human health impacts remain unclear. U.S. policymakers are considering broader definitions of nicotine to bring these compounds under federal oversight.
Jul.27
BAT's VELO Partners With McLaren F1 Team for Global Fan Campaign to Expand Nicotine Pouch Brand Reach
BAT's VELO Partners With McLaren F1 Team for Global Fan Campaign to Expand Nicotine Pouch Brand Reach
BAT-owned nicotine pouch brand VELO and the McLaren Mastercard Formula 1 Team have launched a global fan engagement campaign offering motorsport enthusiasts opportunities to win exclusive team-related experiences. The initiative aims to connect racing culture, fan interaction and VELO’s brand experience across global markets. The partnership reflects BAT’s broader strategy of expanding modern nicotine product brands beyond traditional tobacco categories through lifestyle and cultural marketing.
Jul.23
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
BAT Rothmans says it previously considered exiting South Korea's vaping market because of competitive pressure from unregulated products, but is now reassessing conditions following changes to the country's nicotine regulatory framework. Vuse and other BAT vaping products remain available through existing distribution channels. The statement followed a South Korean media report that interpreted BAT's broader withdrawal from selected Vapour markets as a full exit from South Korea. Meanwhile, Philip Morris International launched VEEV inPRIME in the country in June and began expanding distribution to around 14,000 convenience stores and other retail channels in July. The contrasting moves highlight differing investment strategies as South Korea's regulated vaping market evolves.
Aug.14
Switzerland Tightens Vape Checks as Only 3 of 32 Tested Products Meet New Tobacco Rules
Switzerland Tightens Vape Checks as Only 3 of 32 Tested Products Meet New Tobacco Rules
According to Swiss media outlet Blick, local authorities are strengthening compliance checks on vape products, nicotine pouches and other tobacco-related products following the implementation of Switzerland’s revised Tobacco Products Act. A Basel laboratory tested 32 disposable vapes and e-liquids, with only three meeting regulatory requirements and 21 products banned from sale. Swiss authorities are also expanding retail inspections, laboratory testing and youth purchase checks to enforce the new tobacco and nicotine product rules.
Aug.12
Former FDA Scientist Questions ZYN Review Over Pouch Material and Microplastic Risk
Former FDA Scientist Questions ZYN Review Over Pouch Material and Microplastic Risk
A former FDA toxicologist has questioned whether the agency fully assessed the material used in ZYN nicotine pouches before authorizing them for sale, raising concerns over possible microplastic exposure, according to STAT and The Examination.
Jul.16