US FDA Rejects Imperial Tobacco’s blu 2.4% E-Cigarette Application, Citing Failure to Prove Health Benefits Outweigh Risks

Aug.20.2025
US FDA Rejects Imperial Tobacco’s blu 2.4% E-Cigarette Application, Citing Failure to Prove Health Benefits Outweigh Risks
The US Food and Drug Administration (FDA) has issued a Marketing Denial Order (MDO) for Imperial Tobacco’s blu® Disposable Classic Tobacco 2.4% e-cigarette, prohibiting its sale and distribution in the United States. FDA’s review found that the company’s Premarket Tobacco Product Application (PMTA) did not provide sufficient evidence to demonstrate that the product could help smokers fully switch to e-cigarettes or significantly reduce cigarette consumption. Instead, existing evidence suggested

Key Points:

  • Ban Decision: FDA issued an MDO against Imperial Tobacco’s blu Disposable 2.4% Classic Tobacco e-cigarette, prohibiting sales and distribution in the US.
  • Core Reason: FDA concluded that the application lacked sufficient scientific evidence to demonstrate that the product’s public health benefits outweigh its risks.
  • Health Concerns: Evidence showed users may continue smoking while using the product (“dual use”), leading to exposure to harmful substances at levels comparable to or greater than smoking alone.
  • Regulatory Context: Under the Family Smoking Prevention and Tobacco Control Act, all e-cigarette products must undergo FDA review and receive authorization before legal sale. To date, 39 e-cigarette products and devices have been authorized, excluding blu.
  • Next Steps: blu may submit a new application for marketing authorization. Until approval is granted, the product cannot be sold in the US, and manufacturers, distributors, and retailers risk enforcement actions for violations.

 


 

According to an FDA announcement on August 19, the agency has issued an MDO for the blu® Disposable Classic Tobacco 2.4%, produced by Imperial Tobacco subsidiary Fontem US, LLC. This means the company is still prohibited from selling or distributing the product in the US market unless a new application is submitted and authorized.

 

US FDA Rejects Imperial Tobacco’s blu 2.4% E-Cigarette Application, Citing Failure to Prove Health Benefits Outweigh Risks
blu® Disposable Classic Tobacco 2.4% Product | Image Source: fatpuffwholesale

 

The FDA evaluates Premarket Tobacco Product Applications (PMTAs) based on a public health standard, which considers the risks and benefits of a product to the entire population. After reviewing the company’s PMTA, the FDA determined that the application lacked sufficient evidence to demonstrate that authorizing this product would meet the requirement of protecting public health — the statutory standard set by the 2009 Family Smoking Prevention and Tobacco Control Act.

 

The company failed to provide adequate evidence showing that smokers would completely switch to this new product or significantly reduce their cigarette consumption. On the contrary, the evidence in the application suggested that people were more likely to use the product while continuing to smoke cigarettes. This could potentially expose them to higher levels of toxic substances than smoking cigarettes alone. In general, long-term concurrent use of e-cigarettes and cigarettes — commonly referred to as “dual use” — may pose health risks comparable to, or even greater than, smoking cigarettes alone.

 

In contrast, the FDA has authorized certain e-cigarettes currently available on the market because evidence shows that smokers either completely switch to these products or significantly reduce their cigarette use, with the potential for lower overall harm.

 

Dr. Bret Koplow, Acting Director of the FDA’s Center for Tobacco Products, stated:

 

“While FDA-authorized e-cigarettes are a less harmful alternative for smokers — especially when they completely switch — not all e-cigarettes are the same. FDA’s rigorous scientific review ensures that authorized e-cigarettes provide a net benefit to public health. In this case, the company did not provide sufficient evidence to show that the benefits of its product outweigh the risks, particularly since the evidence indicates that smokers typically do not quit or significantly reduce cigarette use while using this product.”

 

The FDA emphasized that tobacco products subject to a Marketing Denial Order (MDO) may not be introduced or delivered for introduction into interstate commerce and must be removed from the market. Manufacturers, distributors, and retailers who sell or distribute such products in interstate commerce are in violation of the law and will face enforcement actions. Information about MDOs is published on FDA’s Tobacco Product Marketing Orders webpage.

 

According to the FDA, the August 19 action is part of the agency’s ongoing effort to ensure that all new tobacco products sold in the U.S. undergo scientific review and receive marketing authorization. To date, the FDA has authorized 39 e-cigarette products and devices; these are the only e-cigarettes legally permitted to be sold and distributed in the United States. For a searchable list of tobacco products that can be legally sold and distributed in the U.S., please visit the FDA’s “Searchable Tobacco Products Database.”

 

US FDA Rejects Imperial Tobacco’s blu 2.4% E-Cigarette Application, Citing Failure to Prove Health Benefits Outweigh Risks
Image source: FDA official website

 

 

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

EU Tobacco Tax Reform Targets November Push as Sweden Holds Nicotine-Pouch Minimum at €20 per Kilogram
EU Tobacco Tax Reform Targets November Push as Sweden Holds Nicotine-Pouch Minimum at €20 per Kilogram
The Irish presidency of the Council of the European Union is using bilateral talks to push the bloc’s Tobacco Taxation Directive toward a political agreement in November. According to Law360, citing an EU official, Sweden is unwilling to accept a minimum excise threshold above €20 per kilogram for nicotine pouches. Council negotiations have already lowered the European Commission’s original proposal, but a May 2026 presidency compromise still set the minimum at 10% of the tax-inclusive retail price or €30 per kilogram in 2028-29, with higher levels later.
Market
Sep.17 by 2Firsts Perspectives
Reynolds Puts Nearly 183,000 U.S. Contracted Outlets Under Age-Verification Rules, Covering 94% of Volume — Can It Shift an Unauthorized Vape Market?
Reynolds Puts Nearly 183,000 U.S. Contracted Outlets Under Age-Verification Rules, Covering 94% of Volume — Can It Shift an Unauthorized Vape Market?
Reynolds American says nearly 183,000 U.S. retail outlets are under contract, with its Retail Marketing Plan Contract covering about 94% of company volume and requiring point-of-sale age verification. The company combines those contracts with We Card, TruAge, NACS-linked infrastructure and POS integration, while enhanced Vuse Pro retail rules add ID scanning, purchase limits and stronger underage-sales accountability. The initial Vuse Pro rollout targets about 50,000 stores. The system is taking shape as unauthorized vapor products remain dominant in parts of the U.S. market: a 2026 study estimated they accounted for 69.4% of tracked brick-and-mortar e-cigarette dollar sales in December 2025.
Special Report
Oct.15
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
Acme Vape Ltd, the company behind UK vaping brand IVG, has received HM Revenue & Customs approval to operate an excise warehouse for vaping products and participate in the Vaping Duty Stamps Scheme. The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Acme Vape Ltd says its approved warehouse in Preston will become operational under the new regime on the same date.
Regulations
Sep.18 by 2Firsts Perspectives
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07
Product|AIR Files U.S. PMTA for Crown Switch. Can Greentank's Chip Technology Deliver a Compliance and Competitive Advantage?
Product|AIR Files U.S. PMTA for Crown Switch. Can Greentank's Chip Technology Deliver a Compliance and Competitive Advantage?
AIR Global PLC (NASDAQ: AIIR) announced on November 5, 2026, that it had submitted a Premarket Tobacco Product Application (PMTA) to the U.S. Food and Drug Administration (FDA) for Crown Switch, its rechargeable pod vape platform. First launched in Germany in November 2025, the device uses Quantum Chip atomization technology developed by Canadian vaporization technology company Greentank Innovations. German retail versions feature 2mL prefilled pods containing 18mg/mL nicotine in six flavors, while AIR has separately tested two 5% nicotine formulations intended for U.S. development. AIR invested $20 million in Greentank in July and reported approximately $3.4 million in U.S. PMTA-related regulatory costs for the first nine months of 2026. The Crown Switch application has been submitted, but the FDA has not granted marketing authorization.
product
Nov.13
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Juul Labs displayed its JUUL2 e-cigarette system alongside existing products, age-verification messaging and mobile coupons, 2Firsts observed. The JUUL2 device and Virginia Tobacco and Polar Menthol pods received FDA marketing authorization in August 2026. Booth materials highlighted longer battery life, greater e-liquid capacity and connected-device features. A TruAge sign and a mobile coupon presentation also featured at the booth, with weekly offers available to age-verified adult nicotine consumers at participating retailers.
EXPO
Oct.09