On October 26, the U.S. Food and Drug Administration (FDA) issued its first sales prohibition order (MDO) for menthol e-cigarette products. It is aimed at the Logic Pro Menthol e-Liquid Package and Logic Power Menthol e-Liquid Package sold under the Logic brand of Japan Tobacco, two menthol flavored e-cigarette products.
Logic is part of Japan Tobacco International (JTI), one of the largest tobacco companies in the world.
After reviewing the company's Premarket Tobacco Product Applications (PMTAs), the FDA determined that the applications "lacked sufficient evidence that allowing the sale of the product would be appropriate to protect public health (APPH)," the agency said in the 2009 "Home Smoking" applicable standards as required by law under the Prevention and Tobacco Control Act."
The agency also said the evidence provided by Logic did not prove that menthol-flavored e-cigarettes were more effective than tobacco-flavored e-cigarettes in promoting "complete switching or significant reductions in cigarette use."
Under the sales restraining order, the Logic brand will not be able to sell or market the menthol-flavored e-cigarettes in the United States. Logic's options now are to obey the FDA's order and remove its menthol products from the market, or challenge the FDA in court or through an internal FDA appeal. Dozens of e-cigarette companies have opted to fight the sales prohibition order in federal court.