Additional Products Denied Market Access

Photo: chase4concept

The U.S. Food and Drug Administration on Sept. 3 issued another round of marketing denial orders to 31 companies. “After issuing marketing denial orders (MDOs) to three companies for their flavored ENDS products last week, @FDATobacco issued MDOs to an additional 31 companies for approximately 300,000 flavored ENDS products from Aug. 27 through Sept. 2,” the agency tweeted.

Several of the MDOs were issued to companies that are not confirmed to be currently marketing their products. The regulatory agency did not release the names of the companies.

According to its website, the FDA plans to release the names of the companies that received MDOs. Previously, the agency gave the names only of the first three manufacturers to receive MDOs for vapor products. “FDA understands that the public may be interested in the specific names of the currently marketed products subject to the negative decisions,” the FDA wrote. “However, before releasing this information, FDA needs to ensure the agency is not releasing the applicant’s commercial confidential information. Given the large number of products involved, sharing this information requires additional time and resources. Accordingly, FDA is actively exploring options related to this issue.”

In a release, the FDA wrote that companies receiving these MDOs may have submitted premarket applications for other products “(such as ENDS devices, tobacco-flavored ENDS or menthol-flavored ENDS),” and those products, if still pending, remain under review at FDA.

“FDA continues to make substantial progress reviewing the unprecedented number of applications received by the Sept. 9, 2020, court-ordered deadline for submission of premarket applications for deemed new tobacco products,” the agency stated. “The aggregate information on these actions will be provided within our regular updates on the ‘Tobacco Product Applications: Metrics and Reporting’ page.”

As of Sept. 3, the FDA website lists 27 companies that have been issued MDOs:

    Great American Vapes

    JD Nova Group LLC

    Vapor Salon

    Big Time Vapes

    J-Vapor LLC dba North Shore Vapor

    SS Vape Brands Inc. dba Monster Vape Labs

    Custom Vapors

    The Vaping Tiger

    Gothic Vapor

    TrendSetters E-liquid LLC

    SWT Global Supply

    Diamond Vapor

    American Vapor Group

    MV Enterprises

    Planet of the Vapes

    CITTG dba Orgnx E Liquids

    Vapors of Ohio Inc. dba Nostalgic Vapes

    Buckshot Vapors Inc.

    Royalty Premium E Juice

    Imperial Vapors

    Midwest Vape Supply

    Dominant Vapor

    Mountain Vaporz

    Sir Vapes -A-Lot

    Loveli Design LLC dba

    Alice in Vapeland

    Nicquid

The first MDOs were announced on Aug. 26. According to the FDA, JD Nova Group, Great American Vapes and Vapor Salon didn’t provide adequate information to show their rejected products offered enough benefit to adult smokers sufficient to overcome the public health threat posed by the “well-documented, alarming levels” of youth use of such products.

The FDA has received applications from over 500 companies covering more than 6.5 million tobacco products. The agency refused to file more than 4.5 million applications from the JD Nova Group alone. The agency has until Sept. 9, 2020, to decide on the remaining PMTAs.