Court stays US regulator’s ban on Vuse menthol products

A court in the US has issued a permanent stay on the enforcement of health regulator’s ban on the sales of some flavours of Vuse vape brand.

In October last year, the US Food and Drug Administration (FDA) has blocked the sale of six flavors of British American Tobacco’s (BAT) main vape brand, Vuse Alto, in the market, including the menthol flavor that makes up a large portion of its sales.

The marketing denial orders for R.J. Reynolds, owned by BAT, included three menthol-flavored and three mixed berry-flavored e-cigarette products, with each flavor being offered in three nicotine strengths.

The permanent stay by US Court of Appeals for the Fifth Circuit means the products can stay on the market. Earlier, the same court has allowed an emergency administrative stay of enforcement soon after the FDA’s decision.

Vuse is the most commonly sold e-cigarette brand in the US, with Vuse Alto being its most popular sub-brand. Further, findings from the National Youth Tobacco Survey show that Vuse e-cigarettes have been the second most commonly reported e-cigarette brand used by youth in the US since 2021.