Vuse Menthol Pods Granted Stay by Appeals Court

Fifth Circuit Court of Appeals

Two menthol Vuse flavors that received a marketing denial order (MDO) can continue to be marketed by R.J. Reynolds Vapor Co. after the federal Fifth Circuit Court of Appeals issued a stay Monday.

On Friday, the U.S. Food and Drug Administration denied Reynolds Vapor’s premarket tobacco product applications (PMTAs) for the Vuse replacement cartridge Menthol 4.8% (nicotine level) G1 and the Vuse replacement cartridge Menthol 4.8% G2.

As a result, Reynolds would be prohibited from marketing or distributing the products domestically, or risk FDA enforcement action. However, the appeals court’s decision allows the products to stay in the marketplace.

In October last year, the FDA issued MDOs for several menthol-flavored vaping products marketed by Logic Technology Development. It was the first time the FDA has issued MDOs for menthol products after receiving a scientific review.

A few days after the order was issued, Logic obtained a court order from the U.S. Circuit Court of Appeals for the Third Circuit that temporarily stayed the order.