Logic's Mint E-Cigarette Approval Revoked by FDA Center Director Despite Scientists' Advice

Dec.16.2022
Logic's Mint E-Cigarette Approval Revoked by FDA Center Director Despite Scientists' Advice
FDA allowed the director of CTP to disregard scientific advice and revoke approval for Logic's menthol e-cigarette.

Recently, according to the third circuit memorandum of the United States Court of Appeals, lawyers for Logic company alleged that the director of the Center for Tobacco Products (CTP) at the Food and Drug Administration (FDA), Brian King, allowed for the dismissal of recommendations from FDA scientists and revoked the market approval for Logic Technology's menthol electronic cigarette products.


A motion has been filed with Logic Corporation to suspend the marketing injunction (MDO) against its menthol e-cigarette products, and new documents have been provided to the company.


According to lawyers from Troutman Pepper, new documents being reviewed by Vapor Voice reveal an unusual fact: the Center for Tobacco Products' (CTP) Office of Science (OS) revoked its science-based recommendations for the marketing authorization order of Logic's mint-flavored electronic cigarette (ENDS) prior to its pre-market tobacco product application (PMTA) being approved, after pressure from the new CTP director and the Office of Compliance and Enforcement's (OCE) center director.


According to Logic's lawyer, the company claims the right to retain their mint-flavored product in the MDO of the institution because the Office of the Center Director (OCD) overturned the Office of Science's (OS) approval of Logic's "science-based assessment" and preliminary recommendation for their product. However, the memorandum states that mint is classified as a product that will be "disfavored", and Logic is seeking court recognition that the institution's actions, based on an "unpublished, comprehensive policy" and "product-specific decisions" that were not subject to notice or comment rules, were "arbitrary and capricious".


In the October 25 memo, the operating system stated that it evaluated Logic Company's pre-market tobacco product application (PMTA), including its product-specific evidence, and concluded that the authorization of marketing Logic's menthol-flavored ENDS is appropriate for protecting public health (APPH). However, the memo reveals that the operating system only changed course after the director of the new Center for Tobacco Products (CTP) and the Office of Center Director (OCD) reached the conclusion that menthol-flavored ENDS should be considered a "disfavored" product category despite conflicting evidence, as reported by the Office of Science (OS).


The OS memorandum stated, "From a policy perspective, at the time, OS believed that as long as menthol cigarettes were still on the market, menthol-flavored ENDS could directly replace them, providing a less harmful alternative for smokers of menthol cigarettes. Compared to non-menthol smokers, they were less likely to successfully quit smoking.


According to OS, this suggests that there are potential benefits in increasing usage and transition opportunities, and evidence specific to certain products suggests that even ENDS products that are no greater than tobacco-flavored could have a greater potential for smoking cessation or significant reduction in smoking.


Subsequently, OCD raised questions about OS's recommendations, including the adequacy and relevance of scientific literature regarding the differing preferences of adult menthol smokers for menthol, ultimately indicating possible behavioral changes. OCD also highlighted concerns about the significant appeal of menthol to young people. As of July 2022, the decision on Logic PMTA was still pending when CTP transitioned to Brian King as the new center director.


According to a memorandum, OS shared their views with the newly appointed center director and openly discussed various topics including literature, clinical studies related to Logic, usage risks, and potential post-marketing requirements. Following the meeting, a senior scientific consultant specializing in OCD shared their perspective with OS, highlighting the significant risks to young people and the lack of evidence supporting the practical difference between using tobacco flavoring versus menthol flavoring. As a result, the approach to menthol flavoring should be the same as other flavorings, only approving products if evidence shows that the benefits of menthol flavoring outweigh the risks to young people. This led OS to change their direction and their approval of Logic marketing.


The second memo restated the same policy shift and suggested convening a meeting to address concerns raised by operating system personnel about the appropriateness of the decision-making process behind the refusal of Logic peppermint PMTA. The operating system also expressed concern that the new OCD method would eliminate all ENDS products that do not contain tobacco flavors.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Australia’s Victoria Steps Up Illegal Tobacco Enforcement With Store Closures and Penalties of Up to A$2.5 Million
Australia’s Victoria Steps Up Illegal Tobacco Enforcement With Store Closures and Penalties of Up to A$2.5 Million
Australia’s state of Victoria has activated new powers allowing Tobacco Licensing Victoria and police to shut premises suspected of selling, supplying or possessing illicit tobacco for up to 90 days. Longer closures can be ordered by a magistrates’ court. Businesses subject to closure orders must generally cease all trading and will be placed on a public list. Breaching a closure order can carry penalties of up to A$2.5 million and 20 years in prison.
Sep.10
North Carolina Tightens Vape Product Directory Enforcement, Expands State and Local Powers as Violators Face Fines, Product Seizures and License Suspension or Revocation
North Carolina Tightens Vape Product Directory Enforcement, Expands State and Local Powers as Violators Face Fines, Product Seizures and License Suspension or Revocation
North Carolina has expanded enforcement of its vapor product directory rules, authorizing more state and local law enforcement participation and establishing a task force led by the State Bureau of Investigation. The legislation requires at least one unannounced compliance inspection annually for retailers, distributors and wholesalers handling covered products. Penalties effective October 1, 2026, include civil fines of $500–$750 for a first violation and $1,000–$1,500 for repeated violations within 12 months, along with potential license suspension or revocation. Manufacturers may face penalties of $10,000 per unlisted product. The measures strengthen the product directory system established in 2024.
Regulations
Oct.28
German Customs Seize 115,800 Vapes in €1.4 Million Tax Case
German Customs Seize 115,800 Vapes in €1.4 Million Tax Case
Germany's Magdeburg Main Customs Office seized 115,800 untaxed e-cigarettes containing a combined 4.366 million mL of e-liquid during four truck inspections between August 10 and September 4, 2026. The seizures prevented an estimated €1.397 million in tax losses and set a record for the customs office's jurisdiction. Criminal proceedings have been initiated against four truck drivers. The case follows a separate German investigation involving more than 7.6 million illicit vapes and an estimated €33.3 million in excise-tax losses.
Enforcement
Oct.13
Philip Morris Malaysia Again Meets Religious Authority Over Cigarette Alternatives as Perlis Mufti Responds on Halal Criteria
Philip Morris Malaysia Again Meets Religious Authority Over Cigarette Alternatives as Perlis Mufti Responds on Halal Criteria
Philip Morris Malaysia Managing Director Naeem Shahab Khan met Perlis Mufti Mohd Asri Zainul Abidin on September 17 and presented the company's shift from conventional cigarettes toward alternative products. The mufti said a product could be considered halal if it is clean, its side effects are not harmful or can be controlled, and it does not involve excessive waste. His remarks did not mention IQOS or any other specific PMI product and did not amount to a new product-specific religious ruling. It was at least the second publicly reported engagement between Philip Morris Malaysia and a Malaysian religious institution over cigarette alternatives within six months.
Regulations
Sep.18 by 2Firsts Perspectives
Italian Financial Police Seize 4.3 Million E-Cigarettes and Smoking Accessories; 28 Reported to Judicial Authorities Across Operations
Italian Financial Police Seize 4.3 Million E-Cigarettes and Smoking Accessories; 28 Reported to Judicial Authorities Across Operations
Italy's Guardia di Finanza announced on October 28 that officers in Latina province had seized approximately 4.3 million e-cigarettes and smoking accessories at an unauthorized warehouse in an operation involving restrictions on the possession and sale of tobacco-related products. Another 300,000 suspected counterfeit or unsafe items were confiscated during separate inspections, bringing total seizures across the operations to more than 4.6 million products. Twenty-eight people were reported to judicial authorities over suspected smuggling and counterfeiting offenses. Officials did not disclose separate vape quantities, the value of the merchandise or alleged violations associated with individual brands.
Enforcement
Oct.29
Product | PMJ Adds Bold Ruby to IQOS ILUMA i Lineup in Japan, Convenience-Store Rollout Starts Sept. 29
Product | PMJ Adds Bold Ruby to IQOS ILUMA i Lineup in Japan, Convenience-Store Rollout Starts Sept. 29
Philip Morris Japan (PMJ) launched Bold Ruby as a new regular color for the IQOS ILUMA i and IQOS ILUMA i ONE in Japan on September 16, 2026, priced at JPY 6,980 and JPY 3,980, respectively. Initial sales began through IQOS online and physical channels, with convenience stores and selected tobacco retailers set to follow from September 29. Bold Ruby is a regular rather than limited-edition colorway and is available for the ILUMA i and ILUMA i ONE, but not the ILUMA i PRIME. The release does not involve changes to the devices' core hardware or functions.
Sep.22