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 This is reportedly the first time the FDA has voluntarily withdrawn a Marketing Denial Order (MDO).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

Illegal Vape Retailers in UK Could Face 12-Month Shutdowns
Illegal Vape Retailers in UK Could Face 12-Month Shutdowns
The UK government plans to expand police and trading standards powers by extending closure orders for shops selling illegal vapes and cigarettes from a maximum of six months to 12 months, in a crackdown on organised crime on high streets.
Jun.12
China Tobacco Yunnan Patent Describes Cigar Flavor Granules With Encapsulation Rate Above 77%
China Tobacco Yunnan Patent Describes Cigar Flavor Granules With Encapsulation Rate Above 77%
According to public records from China’s National Intellectual Property Administration, a patent application filed by China Tobacco Yunnan Industrial Co., Ltd. for “cigar flavor granules” was published on May 12, 2026. The filing proposes purifying an ethanol extract of cigar tobacco leaves using LX-8 macroporous resin, followed by encapsulation with maltodextrin and sucrose fatty acid ester to improve smoking comfort, reduce dryness and enhance aroma release stability in reconstituted tobacco.
Jun.10
Illegal Vape Sellers Still Use TikTok and Other Platforms to Drive Sales Despite Australia’s Ad Ban
Illegal Vape Sellers Still Use TikTok and Other Platforms to Drive Sales Despite Australia’s Ad Ban
Illegal vape sellers are still promoting nicotine products on TikTok, Instagram and YouTube despite Australia’s 2024 advertising ban, while illicit tobacco sales are increasingly moving from physical stores to online marketplaces.
Jul.15
PMI Oral Products Chief Says Lack of Rules May Push Nicotine Pouch Market Into Illicit Trade
PMI Oral Products Chief Says Lack of Rules May Push Nicotine Pouch Market Into Illicit Trade
Nick Ricketts, President of Oral Products at Philip Morris International (PMI), told Logos Press that nicotine pouches should be brought under clear regulatory frameworks covering nicotine limits, flavor rules, age verification, sales controls and marketing standards, arguing that the absence of clear rules or blanket bans may push consumer demand into illegal or semi-legal channels.
Jul.06
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
BP, Marathon and Valero Warn U.S. Gas-Station Stores: Illegal Vape Sales Could Bring Heavy Fines and Card-Processing Limits
BP, Marathon and Valero Warn U.S. Gas-Station Stores: Illegal Vape Sales Could Bring Heavy Fines and Card-Processing Limits
Fiserv and service station operators including BP, Marathon Petroleum and Valero have warned U.S. partners and gas-station convenience-store owners that selling illegal vapes could lead to heavy fines, breach brand agreements and even put stores’ card-processing access at risk, according to Reuters.
Regulations
Jul.07 by 2Firsts Perspectives