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US Court Pauses Sales Ban on Vuse Alto Menthol E-Cigarettes

Key point: R.J. Reynolds Vapor Company successfully obtained an emergency administrative stay from the US Court of Appeals for the Fifth Circuit, temporarily blocking the FDA’s marketing denial orders on Vuse Alto menthol e-cigarettes.

R.J. Reynolds Vapor Company (RJRV) has successfully obtained an emergency administrative stay from the U.S. Court of Appeals for the Fifth Circuit, temporarily putting on hold the U.S. Food and Drug Administration's (FDA) marketing denial orders (MDOs) on Vuse Alto menthol e-cigarettes.

According to a breaking report from CSnews, R.J. Reynolds Vapor Company (RJRV) successfully secured an emergency administrative stay from the U.S. Court of Appeals for the Fifth Circuit, temporarily suspending the FDA’s marketing denial orders (MDOs) on Vuse Alto menthol e-cigarettes.

This decision means these vaping products will continue to remain available on store shelves across the United States. 

In a letter to retail and wholesale customers, Reynolds Marketing Services Co. (RMSC), a subsidiary of British American Tobacco (BAT), wrote:

“We remain highly confident in the quality of RJRV’s applications, which are based on years of scientific research and investigation, and we believe they contain sufficient evidence for the FDA to determine that marketing these products is appropriate for the protection of public health.”

The letter added: “RJRV’s Vuse Alto applications share foundational science with the applications for Vuse Vibe, Vuse Solo, and Vuse Ciro, which received marketing authorization for original flavor products in October 2021 and May 2022. Together, they represent the broadest portfolio of marketing authorizations granted to any company in the United States. During the stay, Vuse Alto menthol e-cigarettes may continue to be sold.”

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HNB Editorial Team

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