Federal Court Grants Permanent Stay of Enforcement on Marketing Denial Order for Vuse Alto, Vibe and Solo Menthol Pods

On February 5th, the U.S. 5th Circuit Court of Appeals granted R.J. Reynolds Vapor Company (RJRV) a permanent stay of enforcement on the FDA’s PMTA Marketing Denial Order (MDO) on Vuse Alto, Vibe and Solo Menthol Pods. As a result of this court action, these products will continue to be allowed on the market for sale.

The permanent stay follows the Court’s most recent October 2023 emergency stay ruling in immediate response to the FDA’s announcement issuing an MDO for VUSE Alto menthol pods in varying nicotine strengths.

The Court also denied FDA’s motion to transfer the case to another circuit. This means the 5th Circuit will decide on the merits of the case, which will likely take a significant amount of time.