Legal Challenges for E-Cigarette Companies in the US

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.

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