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 This is reportedly the first time the FDA has voluntarily withdrawn a Marketing Denial Order (MDO).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

PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
Philip Morris International’s global R&D chief Michele Cattoni met Liu Sanjiang, deputy director of China’s State Tobacco Monopoly Administration, in Beijing on Aug. 27. The meeting comes as China advances mandatory standards for heated cigarettes and nicotine pouches, laying groundwork for their domestic introduction. Cattoni has held senior roles in PMI’s heated tobacco development, while China’s draft standard covers multiple heating architectures, including systems similar in principle to PMI’s IQOS ILUMA technology.
Aug.27
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
Russia Adds Vapes to “Strategic Goods” List, Illegal Cross-Border Trade Faces Up to Five Years in Prison
Russia Adds Vapes to “Strategic Goods” List, Illegal Cross-Border Trade Faces Up to Five Years in Prison
Russia will place e-cigarettes and related nicotine products under its “strategic goods” framework from August 20, 2026. According to TVP World’s report published on August 19, the newly listed items include e-cigarettes, electronic smoking devices, vape liquids and nicotine salts. Individuals who illegally move these products across Russia’s customs border or its state border with other Eurasian Economic Union (EAEU) members could face up to five years in prison if shipment values exceed 100,000 rubles (about €1,000), provided all elements of a criminal offence are established.
Aug.20
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
NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
At the 2026 New Approaches Summit in New York, former FDA Center for Tobacco Products Director Mitch Zeller called for the tobacco harm reduction debate to shift from the traditional “end game” toward defining a desired “end state.” He also highlighted unresolved concerns around dual use, argued that biomarkers of exposure may be more meaningful than cigarettes-per-day in assessing risk reduction, and said nicotine misperceptions remain a major barrier to public health progress.
Sep.25
Wisconsin Vape Directory One Year On: Retailer Reports Four Store Closures and 70% Staff Cuts
Wisconsin Vape Directory One Year On: Retailer Reports Four Store Closures and 70% Staff Cuts
Wisconsin's electronic vaping device directory has been fully enforced for more than a year, and local vape retailers say the reduced range of eligible products has contributed to declining sales, store closures and layoffs. Johnny Vapes owner Ben Hall said he has closed four of seven locations and cut about 70% of his staff. State law bars the sale of vaping devices not listed on the Wisconsin Department of Revenue directory and allows penalties of $1,000 per day for each unlisted device sold or offered for sale. In April 2026, the U.S. Court of Appeals for the Seventh Circuit allowed enforcement of the law to continue.
Regulations
Oct.10