Myblu Menthol is the eighth myblu e-cigarette to be rejected by FDA, but the restriction will most likely be challenged in federal court. Photo credit: blu.com
The fourth most popular brand of menthol electronic cigarettes in the US is the target of the newest in a string of marketing denial orders from the US Food and Drug Administration (FDA).
It is unclear as to whether FDA's prohibition would be stopped by an anticipated federal court challenge.
The prohibition applies to the 2.4% nicotine kind of myblu Menthol produced by Fontem US, a subsidiary of Imperial Brands Plc.
Myblu is part of the blu e-cigarette portfolio, which has a 1.3% market share. R.J. Reynolds Vapor Co.'s Vuse e-cigarette is in first place with 42% market share.
Fontem is required under the FDA prohibition to "not market or distribute this product in the United States, or they risk enforcement action." Any product on the market must be removed. Fontem is permitted to resubmit a fresh application "to address the deficiencies" in the first one.
Seven myblu e-cigarette products—myblu Device Kit, Intense Tobacco Chill 2.5%, Intense Tobacco Chill 4.0%, Intense Tobacco 2.4%, Intense Tobacco 3.6%, Gold Leaf 1.2%, and Gold Leaf 2.4%—had their marketing applications rejected by FDA in April 2022. According to FDA, legal action is still being taken against those restrictions.
So far FDA has authorized just 23 tobacco-flavored e-cigarette products and devices, which are the only e-cigarettes that can be lawfully sold or distributed in the US.