Legal Challenges for E-Cigarette Companies in the US

Aug.14.2022
Legal Challenges for E-Cigarette Companies in the US
FDA issued many marketing denial orders to e-cigarette companies for not proving that their products reduce public harm.

Recently, there has been a lot of news regarding lawsuits related to electronic cigarettes and the United States Food and Drug Administration.


Unfortunately, this news is unfavorable for electronic cigarette companies.


Electronic cigarette companies are required to submit a Pre-Market Tobacco Application (PMTA) before they can legally sell their products in the United States. However, after reviewing their PMTAs, the FDA has issued many Marketing Denial Orders (MDO) to electronic cigarette manufacturers.


The FDA categorizes e-cigarettes as tobacco products. As such, e-cigarette companies must prove that their product can reduce the adverse effects of tobacco on public health before it can be sold as a "tobacco product.


Companies that cannot meet this threshold will receive MDO.


Statement:


This article is compiled from information gathered from third-party sources and is intended for industry professionals for informational and educational purposes only.


This article does not represent the views of 2FIRSTS, and 2FIRSTS cannot confirm the authenticity or accuracy of the article's content. The translation of this article is solely intended for industry research and exchange.


Due to limitations in the translation ability, the translated article may not accurately reflect the original text. Please refer to the original text for accuracy.


2FIRSTS maintains complete alignment with the Chinese government regarding any domestic, Hong Kong, Macau, Taiwan, or foreign-related statements and positions.


Copyright of the compiled information belongs to the original media and author. If there is any infringement, please contact us for removal.


This document has been generated through artificial intelligence translation and is provided solely for the purposes of industry discourse and learning. Please note that the intellectual property rights of the content belong to the original media source or author. Owing to certain limitations in the translation process, there may be discrepancies between the translated text and the original content. We recommend referring to the original source for complete accuracy. In case of any inaccuracies, we invite you to reach out to us with corrections. If you believe any content has infringed upon your rights, please contact us immediately for its removal.

Ukraine intensifies crackdown on illicit tobacco and alcohol markets
Ukraine intensifies crackdown on illicit tobacco and alcohol markets
Ukraine’s State Tax Service (GNS) has carried out around 24,000 on-site inspections in the tobacco and alcohol sectors this year, imposing more than ₴795 million (US$194 million) in fines and revoking over 2,500 business licences.
Oct.17 by 2FIRSTS.ai
BAT Korea Launches Year-End Promotion for “glo hyper” as Demand for Odorless Heated Tobacco Rises
BAT Korea Launches Year-End Promotion for “glo hyper” as Demand for Odorless Heated Tobacco Rises
BAT Rothmans has announced a year-end promotion for its “glo hyper” heated tobacco series in response to growing consumer demand for odorless devices during the cold season. As indoor activity rises, more smokers are shifting to heated tobacco products that produce less smell and ash. Government data show HNB sales grew 8.3% last year, accounting for 18.4% of the tobacco market.
Nov.12 by 2FIRSTS.ai
Samsung's battery explosion case proceeds as court finds manufacturer maintained “sufficient contacts” with the state
Samsung's battery explosion case proceeds as court finds manufacturer maintained “sufficient contacts” with the state
The Minnesota Court of Appeals has ruled that Samsung SDI Co., Ltd., a South Korean battery manufacturer, is subject to Minnesota jurisdiction in a product-liability case involving a vape battery explosion. The court found the company had “sufficient minimum contacts” with the state through extensive business activity.
Oct.20 by 2FIRSTS.ai
Product | Compatible with Terea Sticks and Supporting Dual Heating: HiTaste Unveils New Heated Tobacco Device
Product | Compatible with Terea Sticks and Supporting Dual Heating: HiTaste Unveils New Heated Tobacco Device
HiTaste has introduced its new HNB device, the F10, on social media, highlighting its wrap-around heating and dual-heating features. Similar “dual-heating” and “one-stick-two-sessions” designs were widely showcased at InterTabac 2025, signaling that this technical direction is emerging as a new competitive focus among HNB brands.
Nov.17 by 2FIRSTS.ai
CNIPA Targets E-Cigarettes as Key Focus in Crackdown on Trademark Violations
CNIPA Targets E-Cigarettes as Key Focus in Crackdown on Trademark Violations
National Intellectual Property Office issued a notice to strengthen management of illegal use of trademarks, promoting fair competition.
Nov.25 by 2FIRSTS.ai
Special Report| Vuse Gains as U.S. Cracks Down on Illegal Vapes, But a $590 Million China Export Shadow Looms
Special Report| Vuse Gains as U.S. Cracks Down on Illegal Vapes, But a $590 Million China Export Shadow Looms
The payoff is here: BAT’s Vuse has seized a rare regulatory vacuum to reverse its U.S. slide, capitalizing on a crackdown that seemingly compressed the illicit market to 54%. But the victory is fragile. A record $590 million export shock in October signals the gray market is striking back—pitting a fleeting compliance dividend against a massive inventory wall.
BAT
Dec.09