Dive Brief:

• The U.S. Food and Drug Administration last week issued marketing denial orders for several menthol e-cigarette products sold by Logic Technology Development, according to a press release from the agency.
• The FDA said in the release that the application didn’t show these menthol products would be better at getting smokers to quit or switch than tobacco-flavored e-cigarette vaping liquids.
• On Friday, a federal judge granted a temporary stay on the FDA’s order, Politico reported, meaning the menthol capsules can remain on shelves for now.

Dive Insight:

The FDA’s ruling last week marked the first time the agency had handed down a marketing decision on a menthol e-cigarette product. Following the stay issued by the federal judge two days later, Logic has just a few days to file a formal appeal for the FDA to consider, Politico reported. 

Among the Logic Technologies products at issue are the Logic Pro Menthol e-Liquid Package and Logic Power Menthol e-Liquid Package. 

The FDA’s scrutiny of menthol products and e-cigarette makers has been increasing of late. Leading manufacturer Juul received a stay after a similar marketing denial against its offerings — including some menthol products — in June. It sued in September to obtain the documents the FDA used to make its decision and has now appealed the order, arguing the denial was wrongly decided.

While the focus is on the impact of these orders on the manufacturers, c-stores also have a vested interest in these proceedings, according to the National Association of Convenience Stores. In an amicus brief it filed in the Juul lawsuit, the organization said, “The Order saddles retailers and distributors with inventory they cannot sell and contracts they cannot fulfill, waylaying a substantial portion of their business practically overnight.”

The FDA specifies in the releases on the MDOs that it will enforce compliance with these rules on retailers and distributors.

The menthol category more broadly also remains under scrutiny. The FDA has proposed a ban on menthol flavoring in cigarettes, arguing that these products are overly enticing to underage users. But even if it goes into effect, it may not eliminate menthol-flavored tobacco products, NACS wrote in a press release, noting it “believes a ban on these products will push sales to the illicit market, which undermines the efforts of responsible retailers and poses a greater risk to communities.” 

A menthol cigarette ban is on the ballot in California, and menthol-flavored tobacco products of all kinds have already been outlawed in a host of localities across America.