E-cigarettes in the United States

26th January 2023: US - General: British American Tobacco (BAT) will appeal the marketing denial orders (MDOs) for its Vuse Vibe Tank Menthol 3.0% and Vuse Ciro Cartridge Menthol 1.5%, the applications for which were denied by the Food and Drug Administration (FDA) on 24th January. Several Vuse Vibe, Vuse Ciro and Vuse Solo products in original flavours were previously authorised by the FDA, but the menthol-flavoured products remained pending. “We believe that menthol vapour products are critical to helping adult smokers migrate away from combustible cigarettes," a BAT spokesperson stated. "FDA’s decision, if allowed to go into effect, will harm, not benefit, public health."
25th January 2023: US - General: New warning letters have been sent out by the Food and Drug Administration (FDA) to e-liquid manufacturers for manufacturing/selling/distributing e-liquid products without a marketing authorisation order; a couple of the letters also included a warning that tobacco products sold to individuals under 21 are misbranded.
24th January 2023: US - Federal: The Food and Drug Administration (FDA) has denied RJ Reynolds Vapor Company permission to continue selling two menthol e-cigarette products in the US. The agency issued marketing denial orders (MDOs) today against the Vuse Vibe Tank Menthol 3.0% and the Vuse Ciro Cartridge Menthol 1.5%. Brian King, director of the FDA’s Center for Tobacco Products (CTP), said: “The applications for these products did not present sufficient scientific evidence to show that the potential benefit to adult smokers outweighs the risks of youth initiation and use.”
24th January 2023: US - Hawaii: House Bill (HB) 1076 has been introduced. This bill would ban the sale of flavoured tobacco products and mislabelled e-liquid products. E-cigarettes and any nicotine-containing products would be included in the definition of tobacco products for the purposes of this bill.
23rd January 2023: US - general: A US district judge has granted Juul Labs preliminary court approval of a $255m settlement resolving claims by consumers that it deceptively marketed e-cigarettes, Reuters reports. Judge William Orrick said the deal to settle almost 10,000 lawsuits filed by local governments across the US seemed “fair and reasonable.” He must still give final approval to the deal.
23rd January 2023: US - Oregon: House Bill 3090 has been introduced, which would ban the sale of flavoured “tobacco products”, including e-cigarettes, containing either natural or synthetic nicotine.
20th January 2023: US - Vermont: The state Senate has introduced bill S 18, which would prohibit the sale of flavoured tobacco products, including e-cigarettes and menthol tobacco products. The bill would also direct the office of the attorney general to report on the extent to which Vermont may legally restrict advertising and regulate labels for e-cigarettes and other vaping-related products.
20th January 2023: US - General: The US Court of Appeals for the Fifth Circuit has granted Triton Distribution’s petition for a rehearing of its appeal of the FDA’s marketing denial orders (MDOs), according to a court order. The original Fifth Circuit three-judge panel ruled 2-1 in July 2022 to deny Triton’s appeal.
19th January 2023: US - New York: Senate Bill S2133 has been introduced. It would ban the sale of e-cigarettes that contain certain toxic metals, and require the state Department of Health to study the long-term health effects of vaping.
18th January 2023: US - Hawaii: Senate Bill 148 has been introduced, which would prohibit the sale or furnishing of a tobacco product or e-cigarette to anyone born on or after 1st January 2003.
17th January 2023: US - Montana: Bill LC 1075, which would generally revise alternative nicotine and vapour product laws relating to tobacco, is currently being drafted.

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