FDA Revokes Marketing Denial Order for JUUL E-cigarettes

Regulations by 2FIRSTS.ai
Jun.07.2024
FDA Revokes Marketing Denial Order for JUUL E-cigarettes
FDA lifts sales refusal order on JUUL, returning application to pending status after first-ever Marketing Denial Order revocation.

Editor's note: On June 6, local time, the US FDA announced the voluntary withdrawal of the Marketing Denial Order (MDO) for JUUL, allowing the application to return to pending status. This is reportedly the first time the FDA has voluntarily withdrawn a Marketing Denial Order (MDO).

 

On June 6th, the Food and Drug Administration (FDA) of the United States released a press release announcing updates on its review of the Premarket Tobacco Product Applications (PMTAs) submitted by JUUL Labs, Inc.

 

On June 23, 2022, the FDA issued Marketing Denial Orders (MDOs) for all products of JUUL Labs, Inc. that were being sold in the United States at the time. The FDA determined that these applications lacked sufficient evidence regarding the toxic characteristics of the products, and failed to demonstrate that the marketing of the products met the public health standards required by law. When announcing the issuance of the MDOs, the FDA stated that insufficient and conflicting data on genotoxicity and potential harmful chemicals leaching from the company's proprietary pods prevented the agency from completing a comprehensive toxicological review of the products.

 

On July 5, 2022, the FDA administratively suspended MDOs (medical device orders) after determining that certain scientific issues required additional review. Since then, the FDA has conducted additional reviews and substantial reviews in multiple areas, including toxicology, engineering, social sciences, and clinical pharmacology.

 

Meanwhile, since the administrative pause of MDOs in 2022, the FDA has gained more experience in various scientific issues related to e-cigarette products and has seen new litigation outcomes in MDOs cases involving other manufacturers' e-cigarette products. Some of these court rulings have established new precedents and provided information for the FDA's product review methods to uphold its commitment to making appropriate final decisions based on science and law.

 

Today, on June 6th, the FDA revoked the MDOs issued to JUUL Labs, Inc. in June 2022. This action was partly due to new legal precedents and FDA's review of information provided by the applicant. Revoking the MDOs is neither an authorization nor a denial, and does not indicate whether the application is likely to be authorized or denied. Revoking the MDOs returns the application to a pending status for substantive review by the FDA. FDA regulations severely limit the information the agency can disclose about pending applications.

 

Once accepted and filed by the FDA, applications under review will ultimately receive either a sale permit or a sale rejection order. Additional steps may be taken temporarily during any application review, as stated on the FDA website.

 

The FDA's ongoing review does not change the fact that, according to the law, all e-cigarette products, including those made by JUUL, must obtain FDA authorization to legally market them.

 

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

EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections
EU Tobacco Rules Face Pushback as Analysis Says 90% of Consultation Responses Raised Objections
An analysis by We Are Innovation says more than 90% of over 82,000 responses to the European Commission’s public consultation on the Tobacco Products Directive revision raised at least one substantial objection to the proposed regulatory direction.
Jul.13
Indiana’s Foreign-Made Vape Ban Takes Effect, Forcing Brands and Retailers to Adjust Supply Chains
Indiana’s Foreign-Made Vape Ban Takes Effect, Forcing Brands and Retailers to Adjust Supply Chains
A new Indiana law restricting the sale of foreign-made vape products has taken effect, requiring retailers to adjust inventory and sourcing practices. According to The Sun, WDRB and other reports, some local vape shops are reviewing product origins and supplier information to comply with the new requirements. The measure represents a broader shift in U.S. vape regulation, with oversight expanding beyond product authorization and sales rules toward manufacturing origin and supply-chain management.
Jul.24
UK Vape Brands Face White-Packaging and Flavour-Name Curbs in Youth-Appeal Crackdown
UK Vape Brands Face White-Packaging and Flavour-Name Curbs in Youth-Appeal Crackdown
The UK government and devolved administrations have launched a 12-week consultation on proposals to make vapes less appealing to children, including plain white packaging, limits on device colours, restrictions on flavour names and changes to how products are displayed in shops.
Jul.10
JTI Makes Third Bet on South Korea as Ploom AURA Enters a Market Dominated by lil and IQOS
JTI Makes Third Bet on South Korea as Ploom AURA Enters a Market Dominated by lil and IQOS
Japan Tobacco International is stepping up its heated tobacco push in South Korea with Ploom AURA. Since its official launch in April 2026, the device's limited First Edition and Glacier White version have sold out, while distribution has expanded across Seoul, Incheon, Gyeonggi Province and airport duty-free channels. The rollout marks JTI's third major attempt to build a stronger heated tobacco position in South Korea, following Ploom TECH in 2019 and Ploom X Advanced in 2024. At the group level, JT plans to invest about ¥800 billion, approximately $5 billion, in reduced-risk products from 2026 through 2028, with heated products and Ploom identified as its primary investment priority.
Aug.14
From Border-Logistics Insiders to Retail Service Stations, Australia Mounts a Sweeping Crackdown on the Illicit Nicotine Trade as iGET Vapes Surface in A$80 Million Crime Networks
From Border-Logistics Insiders to Retail Service Stations, Australia Mounts a Sweeping Crackdown on the Illicit Nicotine Trade as iGET Vapes Surface in A$80 Million Crime Networks
Australian authorities have disclosed two major enforcement actions that go beyond product seizures and retail closures to examine how illicit tobacco and vape networks operate. On Aug. 14, the Multi Agency Strike Team said seven people had been charged and two criminal networks were valued by authorities at a combined A$80 million, or about US$56.8 million. Investigators allege the groups used bonded warehouses, freight businesses and “trusted insiders” in legitimate industries to circumvent border controls. In a separate operation on Aug. 11, more than 100 service stations were targeted as authorities sought information on illicit tobacco importation, distribution networks and the movement of sales proceeds.
Aug.17
Dutch NVWA Seizes Record 277,000 Illegal Vapes; Video Shows “AL FAKHER” Cartons
Dutch NVWA Seizes Record 277,000 Illegal Vapes; Video Shows “AL FAKHER” Cartons
The Dutch Food and Consumer Product Safety Authority, known as the NVWA, seized more than 277,000 illegal vapes near Rotterdam and nearly 150,000 boxes of nicotine pouches in Utrecht and Rotterdam, calling them the largest batches of such products it has found to date. Video footage released by the NVWA shows some cartons in the warehouse bearing the “AL FAKHER / الفاخر” name, though the agency did not identify brands.
Jul.10