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 This is reportedly the first time the FDA has voluntarily withdrawn a Marketing Denial Order (MDO).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

Australia’s TGA Places Nicotine Pouches Under Therapeutic Goods Rules From July 24, Blocking Imports of Unapproved Products
Australia’s TGA Places Nicotine Pouches Under Therapeutic Goods Rules From July 24, Blocking Imports of Unapproved Products
Australia is strengthening controls on nicotine pouches under its existing therapeutic goods regulatory framework. According to the Therapeutic Goods Administration (TGA), nicotine pouch products must meet regulatory requirements, and unapproved products cannot be legally imported. The move follows Australia’s broader approach of maintaining strict oversight of nicotine products, including nicotine-containing vapes. As nicotine pouches expand globally, Australia’s regulatory approach highlights growing differences in how countries manage emerging smoke-free nicotine products.
Regulations
Jul.27
EU Trade Department Faces Scrutiny Over Contacts With Tobacco Industry
EU Trade Department Faces Scrutiny Over Contacts With Tobacco Industry
European Ombudswoman Teresa Anjinho has opened an inquiry into how the European Commission’s Directorate-General for Trade handles interactions with the tobacco industry. The case follows a complaint from a civil society organisation that alleges regular, unnecessary and non-transparent contacts between DG TRADE and tobacco industry representatives, raising questions over compliance with the EU’s obligations under the WHO Framework Convention on Tobacco Control. The inquiry remains ongoing, and the Ombudswoman has not reached any finding of maladministration.
Aug.24
CCPIT Says Trade Friction Index for China-Related Electronics Sector Remains High, With Vape Products Among Areas of Focus
CCPIT Says Trade Friction Index for China-Related Electronics Sector Remains High, With Vape Products Among Areas of Focus
China Council for the Promotion of International Trade (CCPIT) held its July regular press conference on July 31, 2026, releasing the May 2026 Global Economic and Trade Friction Index. CCPIT spokesperson Yang Fan said the global trade friction index stood at 95 in May, remaining at a medium-to-high level. By industry, the electronics sector recorded the highest trade friction index among 13 monitored industries. In China-related trade frictions, the index stood at 93, with electronics products including drones, chips and vape products among areas where friction remained elevated.
Aug.03
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s new vape regulations are reshaping the e-liquid market, raising compliance requirements for manufacturers, retailers and overseas suppliers. In an interview with 2Firsts, Korean nicotine products specialist Sam Kim discusses licensing barriers, inventory impacts, China-linked supply chains, and emerging regulatory challenges around nicotine analogues, nicotine-free products and DIY mixing. The Korean case may offer broader insights as governments worldwide adapt to rapidly evolving nicotine products.
Jul.16
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
According to SGST on August 26, 2026, Australia’s Coalition Illegal Tobacco Taskforce released a report recommending an up to 80% cut in tobacco excise to reduce the appeal of the illicit tobacco market. The report claimed organised crime groups now control about 80% of Australia’s tobacco market and argued that high excise rates have widened the price gap between legal and illegal products. The recommendation remains a policy proposal and has not been adopted by the Australian government, which said its focus remains on enforcement, compliance and additional resources.
Aug.27
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
According to the U.S. Department of Justice (DOJ), Fox News and other reports, the DOJ’s Trade Fraud Task Force (TFTF) has been linked to more than $1 billion in recoveries, penalties, forfeitures and publicly charged losses in less than one year. The task force focuses on trade fraud issues including country-of-origin fraud, illegal transshipment, false declarations and tariff evasion. While vape products are not the main source of the $1 billion figure, the industry’s reliance on global manufacturing and cross-border supply chains places it within broader U.S. trade enforcement scrutiny. The development suggests that U.S. oversight of cross-border vape products may increasingly extend beyond product authorization into import compliance, supply-chain transparency and corporate accountability.
Jul.23