U.S. Court Backs FDA Ban on Bidi Vapor’s Tobacco-Flavored E-Cigarettes

Apr.25.2025
U.S. Court Backs FDA Ban on Bidi Vapor’s Tobacco-Flavored E-Cigarettes
The U.S. Court of Appeals for the Eleventh Circuit upheld the FDA’s decision to deny marketing authorization for Bidi Vapor LLC’s tobacco-flavored e-cigarette product, Bidi Stick - Classic.

On April 24, 2025, the United States Court of Appeals for the Eleventh Circuit ruled to uphold the decision by the US Food and Drug Administration (FDA) to deny authorization for Bidi Vapor LLC's tobacco-flavored e-cigarette product, Bidi Stick - Classic, to be marketed and sold. The court determined that the FDA's decision was not arbitrary or capricious, but rather based on reasonable considerations for public health.

 

The case stems from Bidi Vapor's submission of a Premarket Tobacco Product Application (PMTA) to the FDA for its Bidi Classic product in 2020. After review, the FDA issued a Marketing Denial Order (MDO) in January 2024, preventing the product from entering the market.

 

U.S. Court Backs FDA Ban on Bidi Vapor’s Tobacco-Flavored E-Cigarettes
Bidi Stick - Classic | Image source: BIDI

 

The FDA's decision to reject the listing of Bidi Classic is mainly based on three independent reasons, including the product's high abuse potential, incomplete research on extractable compounds, and lack of data on harmful ingredients compared to other products.

 

The Court of Appeals focused on reviewing the reason of "bias tendency" and determined that it was sufficient to support the FDA's refusal order.

 

The court noted that the FDA reasonably found that Bidi Classic has a high potential for abuse. The product contains a high concentration of nicotine at 60 mg/mL and utilizes nicotine salt technology to enhance flavor, which may increase the risk of addiction for users, particularly adolescents and non-smokers. The FDA cited Bidi Vapor's own research indicating that the product's abuse potential is similar to or even higher than traditional cigarettes.

 

Bidi Vapor argued in the appeal that the FDA's decision was arbitrary and did not fully weigh the potential benefits of their product in helping smokers transition. However, the appeals court found that the FDA did in fact consider relevant factors, but the evidence provided by Bidi Vapor did not effectively demonstrate that current smokers would likely switch to using Bidi Classic, thus realizing the potential benefits of reduced health risks.

 

The court pointed out that although tobacco-flavored e-cigarettes may pose lower risks to teenagers than other flavors, Bidi Vapor has still not proven that its products provide enough public health benefits to offset their high abuse risk.

 

The court also rejected Bidi Vapor's argument that the FDA had made a substantial change in policy or failed to conduct a necessary second round of toxicological review. The court found that the issue of abuse potential alone was sufficient grounds for rejection, and since this issue was not based on toxicology, the FDA did not need to conduct additional toxicological review.

 

In the end, the Eleventh Circuit Court of Appeals confirmed that the responsibility for proving that a product is suitable for protecting public health lies with the applicant, Bidi Vapor. Given that the company failed to adequately demonstrate that the benefits of its product outweigh its significant risks of abuse, the FDA's decision to reject it was supported by the court.

 

Bidi Vapor's request for reconsideration has been officially rejected.

 

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

Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia’s withdrawal of its appeal in a landmark liquid-nicotine case has left a High Court ruling that struck down the 2023 nicotine exemption in force, bringing liquid and gel nicotine used in vaping products back under the Poisons Act 1952. At the same time, the Control of Smoking Products for Public Health Act 2024 continues to provide a regulatory framework for vaping products, creating uncertainty over retail sales, taxation and existing inventory. MPs are calling for nicotine vape sales and excise collection to stop, including refunds of more than RM354 million collected since 2023, while industry and consumer groups are asking the government to clarify the current legal position.
Sep.04
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
Following recent FDA authorizations for JUUL2 and ZYN ULTRA, 2Firsts Compliance Solutions held an online PMTA briefing on Sept. 4 to examine what the decisions may signal about review efficiency, scientific evidence and U.S. market access. Nearly 30 participants from brands, manufacturers, compliance service providers and investment firms joined the discussion.
2Firsts Events
Sep.06
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
Germany collected €9.789 billion in total tobacco tax revenue from January through August 2026, down 10.8% from a year earlier, according to the Federal Ministry of Finance. Germany's tobacco tax base covers not only cigarettes and fine-cut tobacco but also heated tobacco and vaping liquids taxed as tobacco substitutes. The German Association of the Tobacco Industry and Novel Products, or BVTE, citing federal statistical data, said tax-paid cigarette volume fell 12.6% to 40.6 billion sticks. BVTE is using the latest figures to argue against further tax increases planned from 2027 through 2030, while Germany's parliament is scheduled to hold a first reading of the bill on September 24.
Sep.23
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona's First Things First is pushing for an excise tax equal to 50% of the retail price of vaping products, estimating that the measure could generate about $100 million annually. The agency says its tobacco-tax revenue has fallen 47% from 2008 levels. Arizona has attempted to broaden its nicotine tax base in each of the past two years: a 2025 bill proposed a 50% wholesale-price tax, while a 2026 measure shifted to a 50% retail-price tax covering alternative nicotine products and vapor products. Separately, the state enacted HB 4001 this year to establish a new licensing and sales framework for alternative nicotine products.
Sep.21
South Korea Constitutional Court Upholds Volume-Based E-Liquid Tax, With Challenged Rates at KRW 370 and KRW 628 per Milliliter
South Korea Constitutional Court Upholds Volume-Based E-Liquid Tax, With Challenged Rates at KRW 370 and KRW 628 per Milliliter
South Korea's Constitutional Court has upheld fixed taxes on nicotine-containing e-cigarette liquids based on solution volume, ruling that challenged provisions imposing KRW 370 per milliliter in individual consumption tax and KRW 628 per milliliter in tobacco consumption tax do not violate the Constitution. The cases stemmed from historical disputes involving importers that reported nicotine as being extracted from tobacco stems rather than leaves. South Korea has since broadened its tobacco definition to include synthetic nicotine, while current tax laws provide reduced rates for certain products not derived from tobacco.
Sep.18
Huabao International Buys Indonesian HNB Manufacturer for RMB 90 Million, Adding OEM/ODM Capacity
Huabao International Buys Indonesian HNB Manufacturer for RMB 90 Million, Adding OEM/ODM Capacity
Huabao International Holdings Limited will acquire 100% of PT Broad Far Indonesia through two wholly owned subsidiaries for approximately RMB 90 million. The Indonesian company manufactures and sells heat-not-burn tobacco sticks and provides OEM/ODM services. The sellers are part of a related-party group controlled by Huabao International Chair and controlling shareholder Zhu Linyao. PT Broad Far Indonesia generated $4.37 million in revenue and $177,000 in profit after tax in the first half of 2026, while net assets stood at about $326,000 at June-end. An independent valuer assessed the company’s equity at approximately RMB 93.06 million. Following completion, the HNB manufacturing operation will be consolidated into Huabao International.
News
Sep.29 by 2Firsts Perspectives