top of page
  • clarkespositolaw

FDA Cracks Down on Flavored E-Cigarette Products

Recent announcements by the U.S. Food and Drug Administration (FDA) regarding marketing denial orders (MDOs) issued to Mothers Milk WTA, Savage Enterprises, and nine other companies have sent shockwaves through the vapor industry.

On May 12, 2023, FDA issued MDOs to Savage Enterprises, Imperial Vapors LLC, and eight other companies for approximately 6,500 flavored e-cigarette products in total. After reviewing the Premarket Tobacco Product Applications (PMTAs) submitted by the companies, FDA determined that their products did not meet the required standards for authorization, as the companies did not demonstrate that their products offer a benefit to adult smokers that outweighs the potential risks posed to youth.

On May 18, 2023, after reviewing the PMTAs submitted by the company Mothers Milk WTA, FDA issued MDOs, stating that the applications, again, failed to demonstrate that their over 250 flavored and tobacco-flavored e-liquid products have a benefit to adult smokers that outweighs the potential risks to youth. Accordingly, FDA found that the company did not meet the statutory standards for the authorization of their products, as they could potentially contribute to youth initiation and use of their products, which would be a significant health risk.

These regulatory actions by FDA carry significant implications for manufacturers and retailers within the industry.

The restriction on marketing and sales of these products, while aiming to deter underage vaping, will certainly lead to concerns among retailers and manufacturers about revenue loss and reduced market opportunities. The MDOs, affecting a substantial number of products, highlight the urgent need for vapor industry professionals to adapt their marketing strategies and product offerings to comply with FDA regulations.

As the vapor industry grapples with these regulatory challenges, staying informed and proactive is essential. Manufacturers and retailers must stay up to date on FDA regulations and guidance to ensure compliance and avoid MDOs.

At the Clark-Esposito Law Firm, P.C. we help businesses navigate the ever-changing regulatory landscape of FDA regulations. We can provide crucial insights and expert guidance tailored to the unique challenges faced by the vapor industry. With our experience and expertise navigating FDA regulations, we can assist you in creating compliance strategies that align with your business goals and specific needs.

If you have received an MDO or are concerned about the looming threat of one, we are here to support you. Our team is committed to providing the necessary assistance to help you navigate the complexities of FDA regulations. From interpreting guidelines to developing proactive compliance measures, we offer comprehensive solutions to ensure your business remains compliant and thrives in this evolving environment.

Don't let regulatory challenges hinder your success. Stay informed, stay compliant, and stay ahead of the competition. Contact our office today at 917-546-6997.

Ready to Learn More About CBP, OFAC,

BIS, FWS, and FDA?

We have dozens (literally!) of videos in our educational library on our YouTube channel related to importing, exporting, US Customs, BIS, OFAC, FWS, FDA, NFTs, and so much more. Subscribe to our channel now to stay up to date on the latest on these topics!

Our law firm helps growing companies who import and export comply with government regulations. We love what we do and we take our oath of confidentiality over your matters very seriously. How much? Watch this video to learn about it. CLICK HERE

Wondering "why should you have an attorney on your side?" Click here to watch one of our attorneys, Susan Steinman, break down the critical benefits as to why you want to have one on your side - whether you hire us to help you or another law firm.

Have questions? We are determined to help you.

We listen carefully to clients to ensure our understanding of the legal issues at hand, their factual context, and any limitations that might impact a chosen strategy. Feel free to connect with us using the contact form at the bottom of the Home page or send us an email at


bottom of page