Smoke Shop Insider Magazine 2024 Q3 - Issue 3

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COME WITH ME AND YOU’LL BE IN A WORLD OF PURE IMAGINATION

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DISPOSABLES

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S A T U R D A Y D I S T R O . C O M

DeSantis Vetoes Florida Delta 8 Ban

“The veto is for voters and money—keep people from feeling the need to vote for marijuana and get the hemp industry to contribute the money to help fight the amendment,” an unnamed source close to the governor told CBS News.

Update June 7

On June 7, Florida Governor Ron DeSantis vetoed SB 1698, the bill that would have banned the sale of delta 8 THC and other hemp-derived cannabinoids.

“While Senate Bill 1698’s goals are commendable,” DeSantis wrote in a letter to the Florida secretary of state, “the bill would, in fact, impose debilitating regulatory burdens on small businesses and almost certainly fail to achieve its purposes. Senate Bill 1698 would introduce dramatic disruption and harm to many small retail and manufacturing businesses in Florida—businesses that have emerged due to recent legislation paving the way for the commercial use of hemp”

The governor encouraged the state legislature to revisit the issue next session, and suggested imposing product standards aimed at packaging and “accurate labeling, including cannabinoid content, sourcing information, health claims, and. dosing instructions.”

DeSantis’ veto message did not mention the November ballot initiative that would, if passed by 60 percent of voters, legalize recreational marijuana sales in the state. DeSantis opposes legalization.

June 4, 2024

Florida Governor Ron DeSantis is reportedly planning to veto a bill that would ban the sale of delta 8 THC and other federally legal hemp-derived cannabinoids. The bill, SB 1698, passed both houses of the Florida state legislature on March 6, but has still not been formally sent to the governor.

DeSantis believes a veto will persuade the hemp industry to help defeat a November ballot initiative (Amendment 3) that would amend the Florida constitution to allow recreational marijuana sales, according to CBS News Miami.

DeSantis opposes legalizing marijuana. He apparently believes people who use delta 8 and other hemp-derived products will be less motivated to vote for Amendment 3 if they have continued access to delta 8.

“The veto is for voters and money—keep people from feeling the need to vote for marijuana and get the hemp industry to contribute the money to help fight the amendment,” an unnamed source close to the governor told CBS News.

Hemp vs. marijuana: one plant, two industries

In Florida—and many states—the regulated marijuana industry and the hemp industry are political and economic rivals. The Florida delta 8 ban is supported by medical marijuana businesses and wealthy outside interests planning to enter the lucrative recreational market if Amendment 3 is approved in the

About two dozen U.S. states have banned or restricted the sale of delta 8 THC or hemp-derived cannabinoids in general, often with the support of the regulated marijuana industry. Some states have limited the sale of hempbased intoxicants to stateregulated marijuana dispensaries.

November election. They see the intoxicating hemp products sold over the counter in many retail outlets as trespassers on their rightful commercial interests.

A ban on popular hemp-based products would affect numerous businesses in the country’s third-most populous state, including hemp farmers, manufacturers and distributors, and retail outlets like vape shops and convenience stores. It would also affect a growing number of residents who use hemp derivatives to treat anxiety and other medical conditions.

If SB 1698 becomes law, it would ban the sale of delta 8—the most popular intoxicating hemp product—and other hemp-derived cannabinoids like HHC, delta 10 THC, THC-O, THCP, and THCV, as well as all synthetic cannabinoids. The bill also defines allowable delta 9 THC levels in hemp-based products, sets the legal age to buy hemp-based products to 21, and prohibits products that could be confused with food items and packaging “attractive to children.”

About two dozen U.S. states have banned or restricted the sale of delta 8 THC or hempderived cannabinoids in general, often with the support of the regulated marijuana industry. Some states have limited the sale of hempbased intoxicants to state-regulated marijuana dispensaries.

Hemp and marijuana are the same plant (Cannabis sativa). Cannabis plants containing less than 0.3 percent delta 9 THC by weight are considered hemp by the federal government, and regulated as an agricultural product under the 2018 Farm Bill. Plants containing over 0.3 percent delta 9 are federally illegal marijuana.

Polls say Florida legalization initiative passage uncertain

Approval of the November ballot initiative, known as the Marijuana Legalization Initiative or Amendment 3, requires yes votes from 60 percent of voters. It would make adults 21 and over able to legally possess up to three ounces of marijuana with up to five grams in the form of concentrates.

The amendment would allow current medical marijuana facilities to sell recreational products, and give the state legislature power to license additional cultivation and retail businesses.

Polls on the initiative show a variety of possible outcomes, according to Marijuana Moment.

Approval of the November ballot initiative, known as the Marijuana Legalization Initiative or Amendment 3, requires yes votes from 60 percent of voters.

VAPE RANGER

VTA’s Executive Director Testifies Before Congress

VTA’s Executive Director testified before the Senate Judiciary Committee in a hearing focused on FDA’s tobacco market regulatory failures.

In his testimony, Tony highlighted how FDA’s failed approach causes real harm to millions of Americans.

T“he FDA has not done its job as a regulator. And now it wants more funding to enforce the very actions which federal courts have declared as illegal while the FDA is asking for Supreme Court review. To be clear, the FDA has repeatedly stated that every single vaping product on the market is illegal regardless of whether the company has a pending application. That means FDA is enforcing prohibition. You can give it all the enforcement power in the world, but prohibition cannot be enforced.

Instead of pursuing enforcement action based on failed regulatory policy, the FDA must reverse course, make harm reduction its north star and authorize a wide variety of less harmful nicotine products. Filling the market with such flavored products which American adult consumers are clearly demanding is the only way curb illicit demand and give Americans what they need, want, and what the law intended them to have..

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FDA Authorizes First Menthol Vapes

The FDA has authorized four menthol-flavored NJOY vaping products, allowing their sale in the United States. The four products are the first non-tobacco flavored vapes granted marketing permission by the agency, and the first vaping products of any kind authorized in over two years.

The products are NJOY ACE menthol pods in 2.4 and 5 percent nicotine strengths, and the NJOY DAILY Menthol (4.5 percent) and NJOY DAILY EXTRA Menthol (6 percent). The NJOY ACE device was granted marketing authorization in April 2022, along with three tobacco-flavored refill pods. The FDA also authorized tobacco-flavored versions of the two NJOY DAILY disposables in 2022.

See you in court, FDA

NJOY submitted marketing applications for the products before the September 2020 submission deadline, meaning they have been under review for about four years. Millions of flavored vaping products made by small independent manufacturers were denied review—or received marketing denial orders (MDOs) after the FDA conducted comical cookie-cutter reviews— within a year after the submission deadline.

“It is the responsibility of the applicant to provide the necessary evidence to obtain marketing authorization, and the FDA has made clear what’s needed to successfully achieve that outcome,” said Center for Tobacco Products (CTP) Director Brian King in a press release. “This action is further reinforcement that authorization of an e-cigarette product is possible when sufficient scientific evidence has been submitted to the agency to justify it.”

King may have to explain to a court soon what evidence NJOY provided in its premarket tobacco applications (PMTAs) that other manufacturers didn’t. The FDA has previously issued MDOs for menthol products nearly identical to the NJOY ACE and DAILY products, including menthol refills for three different authorized R.J. Reynolds Vuse devices and two authorized Logic devices.

Those MDOs have all been challenged in federal court. Logic lost its MDO appeal in the Third Circuit Court of Appeals, but has petitioned the Supreme Court to review the decision. The Reynolds cases have been consolidated and stayed by the Fifth Circuit until the Supreme Court considers (or refuses to consider) the FDA’s petition in the Triton Distribution MDO appeal

The FDA’s NJOY menthol decision was announced just a day after the Supreme Court held a conference to discuss four petitions involving challenges to the FDA’s chaotic regulation of the vaping market, including the Logic and Triton cases. Former NJOY owners just earned a quick quarter-billion

when NJOY was bought by Marlboromanufacturer Altria Group for $2.75 billion in March 2023, the purchase agreement specified that an additional $250 million would be paid to NJOY’s owners if the FDA eventually authorized the NJOY ACE menthol pod in 5 percent strength.

The FDA “authorized list” grows

For those keeping track, the four newly authorized NJOY products will be added to the FDA’s deceptive “authorized e-cigarette list,” in which the agency previously claimed to have given marketing permission to 23 “e-cigarettes and devices.”

The FDA list, however, includes a heated tobacco product and two refills (not an e-liquid-based e-cigarette), duplicate entries for one Vuse device, and another Vuse product (and its refills) no longer for sale.

With the new products added, here is the complete list of authorized e-liquid-based vapes that are currently sold in U.S. stores:

Pro + two tobacco-flavored refills

DAILYtobacco and menthol versions

Solo + two tobacco-flavored refills

Logic Pro + two tobacco-flavored refills

NJOY DAILY EXTRA- tobacco and menthol versions

Vibe + one tobacco-flavored

NJOY ACE+ three tobacco-flavored refills and two menthol refills

Logic
NJOY
Vuse
Vuse

All the products authorized by the FDA are produced by manufacturers owned by Big Tobacco companies: Logic (Japan Tobacco), NJOY (Altria), and Vuse (R.J. Reynolds).

The agency has not authorized a single product in a flavor other than tobacco or menthol, a single open-system (refillable) product, or a single bottled e-liquid. Dozens of small American manufacturers have challenged the FDA’s denial orders in federal court.

The agency has not authorized a single product in a flavor other than tobacco or menthol

Impact on FDA Regulations

Vape Products: The FDA’s previous stringent regulations on vape products may be reconsidered or challenged in court.

Compliance and Enforcement: Smoke shops might face less regulatory pressure and more clarity in compliance requirements.

Opportunities for the Smoke Shop Industry

Strategic Planning: With a more predictable regulatory environment, smoke shops can engage in long-term planning and investment.

Advocacy and Influence: There is a greater opportunity for industry leaders to advocate for favorable interpretations of laws.

Challenges Ahead

Legal Battles: The shift in power may lead to increased legal challenges and a need for robust legal strategies.

Uncertainty: Until new precedents are set, there may be a period of uncertainty as courts take on a larger role in interpreting regulations.

VTA’s Role in Shaping the Future

About VTA

Fighting for Science-Based Policies that Ensure The Continued Availability of Less Harmful Nicotine Products

For nearly a decade, the Vapor Technology Association has been at the forefront of defending the vapor industry and the rights of adult consumers to choose their preferred alternative to cigarettes. VTA engages directly with policy makers and the media, through its multiple federal lobbying, state lobbying and public affairs teams, to shape the future of vaping and nicotine policy in Washington DC and throughout the country.

The History of the VTA

Around 2010, vapor products emerged as a safer alternative to smoking and gained popularity among consumers. Regulators took notice and were quick to initiate sweeping regulations. Hoping to create a clear voice for thoughtful regulation in Washington, DC, the Vapor Technology Association (VTA) was founded by a group of concerned vapor companies in 2015.

Since then, VTA grew to become a leading national trade association defending the industry. VTA advocates for rational science-

based regulation of the alternative nicotine products industry to ensure that we achieve the twin goals of preserving adult access to a wide variety of nicotine products while at the same time preventing youth access.

VTA has been on the forefront of every issue confronting the industry and we are committed to continue our efforts to create a rational, transparent and fair market place for our members to operate.

VTA is run by a group of dedicated professionals with a unique blend of government affairs, public policy, legal and communications experience. We are committed to ensuring the vapor industry continues to thrive and innovate.

Tony Abboud

Executive Director, VTA

Tony is a government relations expert and litigator with 25 years experience in grassroots organizing, politics, state lobbying and the courtroom. Tony has spent the past decade defending vapor companies and companies in other heavily regulated industries against government overreach.

Board of Directors

Dr. David Johnson President

e-LiquiTech Inc.

Chuck Melander Treasurer Streamline Group

Tiffany Tucker

Membership Director, VTA

With 25 years of experience, Tiffany is a passionate and dedicated Executive Assistant providing proactive and efficient support to executives and teams in a fast-paced environment. She possesses a strong desire to see the team as a whole succeed.

Jon Glauser Secretary Demand Vape

Ed Kirakosyan Board Member

Twist E-Liquids / Daddy’s Vapor

Geoff Habicht Board Member Mi-One Brands

John Paul Willett Board Member Red Star Vapor

Nathan Zhong Board Member

Happy Distro

Stacey Hamilton Board Member Kaleidoscope Vapor Eve Wang

Priorities

The Vapor Technology Association advocates for rational, science-based regulation which is essential for the health of our industry.

Since its founding, VTA has actively engaged on the critical issues confronting our industry and has sought ways to ensure that our members and our industry will continue to thrive.

VTA has consistently focused on the following key policy issues:

Limit Youth Access & Appeal

Our top priority is to limit the appeal and access to vapes by minors. VTA pioneered tough industry marketing standards in 2018 and, in 2019, successfully advocated to raise the age to buy tobacco products to 21 instead of banning flavors federally.

VTA has a concrete plan for eliminating improper marketing and limiting youth access to flavored vaping products. We know that the vast majority of youth vaping access is occurring at non-age restricted retail locations. We can do more to limit access to flavored vape products to adult-only shops in addition to implementing additional access restrictions.

VTA’s plan includes passing laws that strongly restrict industry marketing that appeals to underage customers, rather than the faux issue of flavors. VTA supports legislation that would eliminate advertising on TV and at events where youth would be a key demographic; the use of terms relating to candy and desserts, like cotton candy and gummy bear; and the use of cartoons, superheroes or other images, that typically target minors, among other things.

VTA also supports legislation that would eliminate straw-man sellers, since we know the majority of youth illegally purchase vapes, alcohol and cannabis through social sources; would require age verification technology for every retail sale; would reduce the FDA’s lenient seven – strikes to three-strikes and you’re out

for illegal retail sales since we know that vape stores do an excellent job age gating. Most importantly, we support legislation that would restrict the sale of flavored vaping products to adult-only stores. This will protect youth and will preserve choices for adults.

Science Driven Federal Regulation

Federal regulation must be balanced. The FDA and Congress must change their current approach and implement regulatory policies that will protect the more than 30 million Americans who still smoke cigarettes, and particularly the 480,000 who die every year from smoking, at the same time as they act to protect youth.

When tobacco-control scientists from the top scientific society on tobacco and nicotine say that US regulators’ “singular focus” on youth is endangering public health, US regulators must take notice. To date, federal regulators have been driven by overstated fears surrounding youth vaping and “big tobacco” and are missing the enormous public health benefits that are created by vaping and other novel nicotine products. VTA agrees with these leading tobacco-control scientists that rebalancing our policies on e-cigarettes is a top priority.

The core of VTA’s efforts is providing the facts and science that underscore the importance of adopting policies, laws and regulations that promote vaping products as alternatives to smoking combustible cigarettes. Policymakers must examine vaping issues from the harmreduction perspective. This means grounding decisions in the reality that vapor products are safer alternatives to combustible cigarettes.

Protecting Flavors & Adult Choice

Unfortunately, 34 million adults are still addicted to cigarettes – the only product which when used as intended will kill you. Nearly 1,300 Americans die every day from smoking – 475,000 people annually. This is COVID scale event – every two years!

It is well documented that adult consumer preference for flavored e-cigarettes plays a significant role in encouraging smokers to switch to less harmful vaping. In a world where adults have access to flavored cannabis and flavored alcohol -they should have access to flavored cigarette alternatives to move them off of what remains the leading cause of death among adults.

People who smoke want flavor options as they move away from tobacco. Scientific studies and surveys make this fact clear. The FDA’s campaign to remove flavored vapes from the market will only lead to an increase in smoking and the creation of unregulated black and gray markets. Instead of ineffective flavor bans, the FDA should prioritize the removal of flavors like menthol from cigarettes while preserving flavored vaping alternatives for adults through adult-only stores.

Fostering Innovation

Technological innovations in vaping devices have finally given smokers myriad effective alternatives to cigarettes that also happen to be at least twice as effective at helping smokers quit as FDA’s approved drug therapies. Now, synthetic nicotine – the cleanest and purest form of nicotine on the market – represents the first innovation in nicotine itself. Yet, these innovations are prevented from being sold in the U.S. by FDA’s inflexible application of its own regulatory requirements.

Synthetic nicotine products are an innovation in nicotine and can deliver nicotine devoid of cancer-causing nitrosamines, carcinogens, heavy metals and pesticides because it is manufactured in pharmaceutical-laboratory type settings. The FDA should use its new authority to regulate synthetic nicotine and create a marketplace that offers smokers the opportunity to completely break from tobacco. At the same time, the FDA needs to allow companies to modify products with safety innovations, such as battery or technological improvement, without having to repeat the lengthy and costly premarket review process.

Supporting Independent Vape Retailers

VTA believes that smart public policy ensures that adult consumers can access their products through both brick and mortar and online channels of commerce.

Some try to pit the channels against each other, but VTA opposes these actions. Brick and mortar stores selling vapor products are a critical piece of the harm reduction equation since it is these (typically adult only stores) that smokers trying to quit can share information about their challenges. At the same time, adult consumers should not be punished if they live too far away from, or are home bound and can’t travel to a brick and mortar store. Today, more than ever, senior citizens should not be forced to travel just to be able to purchase the vapor products they are using to stay off of cigarettes. For these reasons, VTA fights to protect the consumers’ rights to access products both online and at retail.

The Vapor Technology Association (VTA) has been instrumental in advocating for reasonable regulations and defending the rights of the vape industry. Recently, VTA’s Executive Director testified before Congress, highlighting the FDA’s

regulatory failures and the need for a harm reduction approach. “The FDA has not done its job as a regulator...Instead of pursuing enforcement action based on failed regulatory policy, the FDA must reverse course, make harm reduction its north star and authorize a wide variety of less harmful nicotine products,” emphasized Tony Abboud, VTA’s Executive Director.

The VTA’s dedication to promoting harm reduction and advocating for the industry has played a crucial role in influencing legislative and regulatory changes. Their efforts ensure that smoke shop professionals have a voice in the ongoing regulatory discourse. By standing up for the industry’s interests, the VTA helps create a more balanced and fair regulatory environment.

Conclusion & Key Takeaways:

The Supreme Court’s Chevron ruling is a game-changer for the vape and smoke shop industry. By limiting the FDA’s power, it opens up a more balanced and fair regulatory environment. Smoke shop professionals must stay informed and proactive to navigate this new landscape successfully.

Balance of Power:

Courts will now have the final say in regulatory interpretations, reducing FDA’s unilateral power.

Legal Advocacy:

Increased opportunities for the industry to influence legal interpretations.

Stable Environment:

Potential for a more predictable and stable regulatory framework.

As we look ahead, it’s vital for all of us in the vape and smoke shop industry to stay proactive and engaged. Join us at the Alternative Products Expo in Atlanta on October 10-12 to dive deeper into these changes, connect with industry leaders, and explore the future of our industry. Let’s embrace this new era together and continue to push boundaries, innovate, and thrive.

Vape Companies That Have Received MDOs

The total number of companies receiving MDOs for flavored product Premarket Tobacco Applications (PMTAs) is now 323. (An alphabetical list can be found at the end of this article.) The FDA says the denials cover nearly 1.2 million flavored products.

All of the new listings are small manufacturers. Since the FDA began issuing MDOs on Aug. 26, the vast majority have gone to small companies, with just a few issued to larger open-system manufacturers like Turning Point Brands and AVAIL Vapor. One publicly traded company that makes closed-system prefilled devices, Bidi Vapor, has also received MDOs for flavored products.

With the first MDO’s issued in August, the FDA also announced a new standard that requires PMTAs for flavored products other than tobacco and menthol to show “sufficient product-specific scientific evidence to demonstrate enough of a benefit to adult smokers that would overcome the risk posed to youth.” All of the marketing denials issued so far have been based on that previously unwritten standard. Since the Sept. 9, 2020 submission deadline for PMTAs, the FDA has issued no marketing authorizations for any vapor products. [EDITOR’S NOTE: On Oct. 12, the FDA issued marketing authorizations for the Vuse Solo and two tobaccoflavored cartridges.] The agency has also not made decisions on mass-market products from

Juul Labs, Reynolds American, NJOY, Logic, or Blu, which FDA Center for Tobacco Products Director Mitch Zeller said would be prioritized in the review process because of their popularity.

The FDA was expected to announce some decisions on the large manufacturers’ products by Sept. 9, 2021—the deadline for unauthorized products to be removed from the market. All vaping products made with tobacco-derived nicotine are now technically illegal to sell, and only exist on the market through FDA enforcement discretion. That includes tobaccoand menthol-flavored vaping products and flavored products like nicotine pouches. Some small manufacturers have begun reformulating their products with synthetic nicotine, which could skirt current FDA tobacco product authority. It isn’t known if the agency will attempt to regulate synthetic nicotine as a drug.

“The total number of companies receiving MDOs for flavored product Premarket Tobacco Applications (PMTAs) is now 323”

List of FDA Marketing Denial Orders (MDOs)

Although the FDA says it has issued 323 MDOs, the agency’s published list contains just 260 names. The FDA says manufacturers that were issued denials for products not currently being marketed are not named.

We are updating the list by adding companies that receive MDOs after the first round—for

example, Fontem US and Juul Labs. We are also adding notes explaining MDOs that have been rescinded or vacated by court rulings.

The list is alphabetical, with the date the MDO was issued noted to the right of each name. All dates are from 2021 unless otherwise noted.

A10 Days Inc. dba Pod Juice - Sept. 14

611 Vapes dba Erie Shore Vapors - Sept. 16

7 Daze LLC - Sept. 8

A Perfect Vape - Sept. 16

AAA Strate Vape - Sept. 10

Abomination LLP - Sept. 13

Absolute Vapor Lounge LLCSept. 10

Absolute Vapor Inc. - May 12, 2023

ACH Group LLC dba Bomb Bombz E-liquid - Sept. 15

Al Khalifa Group LLC - Oct. 6 [added to FDA’s public MDO list Feb. 17, 2022]—MDO rescinded by FDA April 25, 2022

Alaska Elixirs Vape LLC - Sept. 8

American Vapor Group - Sept. 1

American Vapor Inc. - Sept. 8

Apollo Future Technology Inc.Sept. 10

Arc LLC - Sept. 7

Ashlynn Marketing Group - Sept. 15

Avail Vapor LLC - Sept. 15

Awesome Sauce Vapor - Sept. 15

Axioco Corporation - Sept. 16

Baker White Inc. - Sept. 10

Balboa - Sept. 7

Bang Bang Vapors LLC - Sept. 9

Beard Vape Company - Sept. 16

CBBidi Vapor (flavored Bidi Sticks) Sept. 7—MDO vacated by court ruling Aug. 23, 2022

Bidi Vapor (tobacco-flavored Bidi Stick-Classic) - Jan. 22, 2024

Big Time Vapes - Aug. 30

Big Time Vapes - May 12, 2023

BJC - Sept. 15

BLB LLB dba The Vape Mall - Feb. 8, 2024

BMF Labs dba Bad Modder Fogger LLC - Sept. 10

Bogart Enterprises LLC - Sept. 16

Bombies Inc. - Sept. 8

Boomtown Vapors - Sept. 8

Boss Vapes - Sept. 13

Breeze Smoke - Sept. 16

Buckshot Vapors Inc. - Sept. 1

California Grown E-Liquid - Sept. 15

Cassadaga Liquids, LLC - Sept. 15

Central Vapors - Sept. 10

Cig Free Vape Shop - Sept. 15

D E1

Cloud House - Sept. 8

Cool Breeze Vapor LLC - Sept. 15

Cosmic Fog Vapors Operating Company LLC - Sept. 15

Creative Focus dba Red Devil Vapors - Sept. 7

CRFT Labs Tennessee LLC - Sept. 15

Custom Vapor Blends LLC - Sept. 7

Custom Vapors - Aug. 31

Decent Juice - Sept. 3

Desert Vapors LLC - Sept. 13

DFW Vapor Holdings Inc. - Sept. 8

Diamond Vapor Sept.1—MDO vacated by court ruling Aug. 23, 2022

DNA Enterprise LLC (Mech Sauce) - May 12, 2023

Dominant Vapor - Sept. 1

Doomsday Gourmet - Sept. 7

DR Distributors LLC - Sept. 17

Drippers Vape Shop LLC - Sept. 14

Drippers Vape Shop LLC - Sept. 10

E-Vapor Hut LLC - Sept. 9

ECBlend LLC - May 12, 2023

Ecig Charleston LLC - Sept. 15

eCig Source - Feb. 8, 2024

ECS Global - Sept. 10—MDO partially rescinded Oct. 26

Einstein Vapes - Sept. 10

Ejuice Blvd LLP - Sept. 15

Electric Smoke Vapor HouseSept. 8

Element E-Liquid LLC - Sept. 15

E-Liquid Brands LLC - Sept. 17

Elite Brothers - Sept. 15

Everything Vapor - Sept. 16

FFeel Life Co Limited - Sept. 16

Feel Life Health Inc. - Sept. 17

Flair Products, LLC - Sept. 10

Flavor Labs dba Mob Liquid Labs - Sept. 7

Fontem US, LLC (Blu) - Apr. 8, 2022 [Myblu device and most pods added to FDA’s public MDO list April 8, 2022]

Fontem US, LLC (Blu) - July 10, 2023 [Myblu menthol pods added to FDA’s public MDO list July 10, 2023]

Fontem US, LLC (Blu) - Jan. 19, 2024 [blu PLUS+ device and refill cartridges]

Fontem US, LLC - Feb. 5, 2024 [blu Disposable in four flavors; myblu 1.2% menthol pod]

Fuma International LLC - Sept. 16

Fuma International LLC - Sept. 17

GFUMA Vapor, Inc. - Sept. 10

Fumee LLC - Sept. 14

Fumizer LLC - Sept. 9—MDO partially rescinded Oct. 22

Gentlemen’s Draw LLC - Sept. 7

Gothic Vapor - Aug. 31

Great American Vapes - Aug. 26

Great Lakes Vapor - May 12, 2023

Gripum LLC - Sept. 8—MDO vacated by court ruling Aug. 29, 2022

Grove Inc. - Sept. 15

Gundo Distro - Sept. 9

IHHeartlandvapes LLC - Sept. 17

Holy Cow ejuice - Sept. 13

HotSpot Caf LLC dba VV-JuiceSept. 8

Howard Enterprises - Sept. 16

Humble Juice Co., LLC - Sept. 15— MDO rescinded Nov. 2

Imperial Vapors - Sept. 1

Imperial Vapors LLC - May 12, 2023

Infamous E Juice - Sept. 15

Innevape - Sept. 15

J

J-Vapor LLC dba North Shore Vapor - Aug. 31

Jaded Vapors LLC - Sept. 8

Jai Mundi, Inc. Kai’s Virgin Vapor E-Liquid - Sept. 15

JD Nova Group LLC - Aug. 26

JDvapour LLC - Sept. 8

JMJL Global - Sept. 8

Johnny Copper - Sept. 7—MDO vacated by court ruling Aug. 23, 2022

JT Wood Investments LLC dba Vape It 9/10

Juice Guys Distribution LLC 9/9

Juicemafia Inc. 9/10

Juice Roll Upz Inc. 9/8

Jungle Nation 9/15

Juul Labs, Inc.—June 23, 2022 MDO issued—July 6, 2022 MDO stayed by FDA—June 6, 2024 MDO rescinded by FDA and PMTA placed back into scientific review

Jvapes LLC - Sept. 9

LKK&C Aitken, LLC Dba Elysian Labs - Sept. 16

Kinghorn Holding - Sept. 9

KJJ Enterprises - Sept. 9

Kloc Vapor LLC dba The Vapor Edge - Sept. 8

Lady Boss Vapor - Sept. 8

LAS Ventures Limited - Sept. 15

Lazarus Vintage CorporationSept. 8

LDP Designs LLC - Sept. 14

LDP Designs LLC - Feb. 20, 2024

Lead by Sales LLC dba White

MCloud Cigarettes - Sept. 14

LeCig Enterprises Inc. - Sept. 15

Licensed E-Liquid Manufacturing - Sept. 10

Liquid Art Inc. - Sept. 10

Liquid Nics LLC - Sept. 3

Liquid Reign Inc. - Sept. 16

Logic LLC - Oct. 26, 2022

Lotus Vaping Technologies - Sept. 17

Loveli Design LLC dba Alice in Vapeland - Sept. 1

LXJ LLC - Sept. 13

Magellan Technology Inc. (Juno) - Sept. 8

Magellan Technology Inc. (Hyde) - Oct. 6, 2022 [added to FDA’s public MDO list Oct. 6, 2022]

Malicious Liquids Inc - Sept. 8

Maniac Vapor LLC - Sept. 17

Marina technology LLC - Sept. 7

Marlin Steam Company, LLCSept. 14

Matrix Minds - Sept. 8

MH Global LLC dba Steamline Vape Co. LLC - Sept. 16

Midas Vape LLC - Sept. 8

Midwest Vape Supply - Sept. 1

Mighty Vapors - Sept. 15

Millennial One Inc. dba The Finest E-Liquid - Sept. 2

Mister-E-Liquid LLC - Sept. 16

Mix Masters Inc. - Sept. 10

MJ Asset Holdings - Sept. 3

Mom and Pop Vapor Shop - Sept. 8

Mothers Milk WTA - Sept. 15

Mothers Milk WTA - May 18, 2023

Mountain Oak Vapors, LLC - Sept. 8

Mountain Vaporz - Sept. 1

Mr. Salt-E LLC - Sept. 15

MV Enterprises - Sept. 1

My Vape Order Inc. - Sept. 8— MDO partially rescinded Jan. 19, 2022

ONNasty Worldwide SDN BHD - Sept. 7

Newhere Inc. dba Madhatter Juice - Sept. 8

New Orleans Cloud AlchemySept. 15 Nicquid - Sept. 1

Northeast Vapor Supplies LLCSept. 9

Northland Vapor Company - Sept. 17

Nude Nicotine - Sept. 7

Ohm Slaw Juice LLC dba Justin Parrott - Sept. 14

One Up Vapors LLC - Sept. 15

Opt2mist Vapor Shop LLC - Sept. 9

POueis Gas Inc. dba Oasis VapeSept. 10

Ovapes Ejuice LLC - Sept. 9

Paradigm Distribution - Sept. 15

Paradigm Distribution - Sept. 10

Performance Plus Marketing Inc. - Sept. 7

Pettee & D’Sylva Enterprises, LLC - Sept. 13

Phantasm Vapors - Sept. 9

Planet of the Vapes - Sept. 1

Pop Vapor Co LLC - Sept. 9—MDO partially rescinded Nov. 23—— MDO vacated by court ruling Aug. 23, 2022

Pop Vapor Co LLC - Sept. 16

Prohibition Juice Co. - Sept. 13

Propaganda E-Liquid LLC - Sept. 8

Prophet Premium Blends, LLCSept. 15

Puff Labs LLC - Sept. 14

Puff Labs - Sept. 9

Quad City Vapers Club - Sept. 7

Red Rock Vapor - Sept. 7

Redwood Ejuice LLC - Sept. 13

Riot Labs - Sept. 9

Ripe Vapes - Sept. 15

R.J. Reynolds (Vuse Ciro and Vibe menthol refills) - Jan, 24, 2023

R.J. Reynolds (Vuse Solo menthol refill) - March 17, 2023

R.J. Reynolds (Vuse Alto menthol pod) - Oct. 12, 2023

Rock Ridge Vapor LLC - Sept. 13

Royalty Premium E Juice - Sept. 1

RP Vapors - Sept. 9

Ruthless Vapor Corporation - Sept. 16

SSadBoy - Sept. 3

Savage Enterprises - May 12, 2023

Seattle - Sept. 7

Securience LLC - Sept. 8

Shenzhen Youme Information Technology Co. Ltd. (Suorin) - Jan. 19, 2024

Shop Vapes - Sept. 9

Simple Vapor Company - Sept. 10

Simply Vapour - Sept. 10

Sir Vapes -A-Lot - Sept. 1

Smax International LLC - Sept. 14

SMOK - Jan. 16, 2024

Smokeless Smoking Inc. - Sept. 9

Soft Vape Inc - Sept. 10

South Coast Vapor Co. - Sept. 9

Southwest Smokeless - Sept. 15

SS Vape Brands Inc. Dba Monster Vape Labs - Aug. 31

SSY E-juice - Sept. 10

Stark Vapor LLC - Sept. 9

TStark Vapor LLC - Feb. 8, 2024

Steep Slope Vape Supply - Sept. 8

Suorin - see Shenzhen Youme Information Technology Co. Ltd.

SV Packaging LLC - Sept. 10

SWT Global Supply - Aug. 31

SWT Global Supply - Sept. 7

SWT Global Supply - May 12, 2023

Tampa Vapor Inc. - Sept. 10

Tasty Cloud Vape Co. LLC - Sept. 9

Tasty Haze - Sept. 7

Tasty Puff LLC - Sept. 14

Teardrip Holdings - Sept. 14

Texas Select Ventures LLC dba

Texas Select Vapor - Sept. 14

Texas Tobacco Barn dba TXVape Barn - Sept. 8

The Ecig Caf� LLC - Sept. 9

The Michigan Juice Company LLC - Sept. 8

The Plume Room LLC - Sept. 8

The Vape Lounge - Sept. 15

The Vaping Tiger - Aug. 31

The Vapor Vendor LLC - Sept. 9

The Zen Vaper E-Liquids LLC - Sept. 15

TPB International LLC - Sept. 14—

MDO rescinded Oct. 7

Treehouse Vapor Company dba

Flagship Vapor - Sept. 7

TrendSetters E-liquid LLC - Aug. 31

True Lab Creations - Sept. 10

TruVibe Inc. dba Vapor Station FDL - Sept. 8

Turncoat Industries - Sept. 15

Twisted Tongue Inc. - Sept. 13

VUUIS Manufacturing, LLC - Sept. 14

Underdog E-liquids LLC - Sept. 8

Union Street Brands - Sept. 15— MDO vacated by court ruling Aug. 23, 2022

Valley Vapors LLC - Sept. 8

Vape Craft - Sept. 9

Vape Crusaders Premium E-liquids - Sept. 8

VapeDaugz LLC - Sept. 14

Vape Element LLC dba BLVK Unicorn - Sept. 10

Vape Hut Inc. - Sept. 13

Vape n Juice - Sept. 16

Vape of a Kind - Sept. 8

Vape On - Sept. 7

Vaper Generation - Sept. 9

VaperMate LLC - Sept. 15

Vapetasia LLC - Sept. 16

Vaping Oasis - Sept. 2

Vapor Bank E-liquid - Sept. 10

Vapornine LLC dba New Leaf Vapor Company - Sept. 16

Vapor Outlet of Wyoming LLC dba Juicity Vapor - Sept. 8

Vapor Plus OK - Sept. 7

Vapor Rage LLC - Sept. 8

Vapor Salon - Aug. 26

Vapor Solutions & Labs - Sept. 8

Vapor Source Inc. - Sept. 3

Vapor Stockroom - Sept. 9

Vapor Stop - Sept. 15

Vapor Trail LLC dba Mig Vapor - Sept. 8

Vapor Unlimited - Sept. 10—MDO vacated by court ruling Aug. 23, 2022

Vapor Ventures Inc dba Innovated Vapors - Sept. 15

Vaporized Inc. - Sept. 8

Vapors of Ohio Inc. dba Nostalgic VapesSept. 1

VDX Distribution - Sept. 15

Verdict Vapors - Sept. 15

Vertigo Vapor - Sept. 8

Victory Liquid LLC - Sept. 10

VIM Blends - Sept. 8

Vintage & Vapor Marketplace Inc. - Sept. 17

Viper Vapor - Sept. 3

WViper Vapor - Sept. 3

VPR Collection - Sept. 8

VR Labs - Sept. 9

VR Labs LLC - Feb. 8, 2024

Wadina Distribution LLC DBA GOST Vapor - Sept. 9

Wages & White Lion Investments dba Triton Distribution - Sept. 14

Walker Enterprises - Sept. 9

Warlock Vapes dba ZuluvapesSept. 8

Wyoming Vapor Company - Sept. 3

Xtreme Vapors - Sept. 8

Yogi’s Vape - Sept. 9

Yoshicon LLC dba VapergateSept. 13

Zen RVA LLC - Sept. 7

We are updating the list by adding companies that receive MDOs after the first round—for example, Fontem US and Juul Labs. We are also adding notes explaining MDOs that have been rescinded or vacated by court rulings.

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