2Firsts Compliance Brief|Issue #1 Thresholds & Shakeups: Inside the New Wave of U.S. Compliance Consolidation

Jul.17
2Firsts Compliance Brief|Issue #1 Thresholds & Shakeups: Inside the New Wave of U.S. Compliance Consolidation

Top News Analysis

 

BAT Acquires Three Pacha Brands from Charlie’s Holdings

2FIRSTS | BAT Subsidiary Acquires Three More CHUC E-Cigarette Products in $1.5 Million Deal

 

British American Tobacco (BAT), through its U.S. subsidiary R.J. Reynolds, has acquired three e-cigarette brands — PachaSyn, PachaMama, and Pacha Disposable — from Charlie’s Holdings. This move not only expands BAT’s presence in the U.S. but also reflects increased investor confidence in the PMTA pathway.

 

2Firsts observes that these acquired products are already progressing through different stages of the PMTA process. As enforcement tightens and unapproved products exit the market, regulatory certainty is beginning to encourage bold investment. Major tobacco firms appear to be entering a new confidence cycle — one where acquiring approved or PMTA-pending assets is seen as a viable growth strategy amid increasing barriers to market access.

 

 

North Carolina Enforces New Directory Rule for ENDS Sales

2FIRSTS | North Carolina Enforces Comprehensive E-Cigarette Regulations: Unlisted Products Banned Starting July

 

Starting July 1, North Carolina officially implemented HB900, requiring all vapor and consumable nicotine products to be listed in the state’s public directory to remain on sale. Manufacturers of non-listed products face fines of $10,000 per SKU, while retailers face escalating penalties for noncompliance.

 

According to 2Firsts analysis of the June 30 directory update:

 

● Total products listed: 876

● Brands: 28 manufacturers, mostly U.S.-based

● Product types: Disposables, cartridges, e-liquids, and refillables

● Flavor profile:

·Tobacco & menthol variants: 495 products

·Other flavors: 381 products (~43.5%), across 104 unique flavor descriptions

·Examples: Raspberry & Dragon Fruit, Orange Fantasie, Pineapple Ice

 

Most flavored entries are from U.S. brands like Vapetasia, Twist, and Cold Fusion — suggesting that flavor itself is not banned, but requires formal PMTA compliance to remain viable. Notably, there are no Chinese brands listed in the current North Carolina directory.

 

PMI Ties Compliance to Local Manufacturing with $600M U.S. Investment

2FIRSTS | PMI Launches "Invest in America" Campaign as ZYN Factory Set for Full Operation in 2026

 

Philip Morris International’s U.S. affiliate announced a $600 million investment into a nicotine pouch facility in Arizona, alongside a national campaign titled “Invested in America.” This move responds directly to Trump-era policies and Republican narratives pushing for U.S.-based manufacturing and tougher import enforcement.

 

2Firsts views this as a powerful signal of how political alignment, regulatory pressure, and trade protectionism are reshaping industry strategy. For PMI, aligning manufacturing location with regulatory credibility has become part of the playbook.

 

2Firsts View

 

China’s Manufacturers Diverge: Compliance vs. Illicit Strategy

 

As U.S. enforcement intensifies — particularly at customs and state-level — many Chinese manufacturers are adopting starkly different paths. Some, including companies with prior success in Europe or other regulated markets, see this as a historic opportunity to enter the U.S. via compliance. Others, especially those that previously relied on “gray clearance” methods, are pivoting toward more aggressive black-market strategies as traditional loopholes close.

 

This divide reflects a growing consensus: compliance is no longer optional. The FDA’s actions are forcing strategic repositioning, separating long-term players from short-term opportunists.

 

Acceptance Letters: The New Minimum Threshold for U.S. Market Entry

 

With illegal products being cleared from shelves and state directories tightening PMTA-based eligibility, one baseline standard is emerging — the FDA Acceptance Letter.

 

While the letter itself does not guarantee final approval, it proves a product’s PMTA is officially filed and under review. Increasingly, this is becoming the minimum regulatory threshold to access the U.S. market. Customs enforcement and state-level compliance systems — including directory rules like North Carolina’s — all acknowledge the Acceptance Letter as valid interim proof of compliance.

 

For brands planning serious entry into the U.S., having at least an accepted PMTA on file is no longer a nice-to-have — it’s essential.

 

2Firsts Compliance Solutions

 

Accelerating Access with 2Firsts Compliance Platform

 

To help manufacturers and brands respond to this changing landscape, 2Firsts has launched the Compliance Solutions platform — connecting Chinese and global manufacturers with scientists, labs, and regulatory experts.

 

This initiative lowers the cost and complexity of compliance while offering customized strategies for navigating PMTA and state regulations.

 

Acceptance Pro Solution

Your First Step Toward U.S. Market Access

 

2Firsts offers the Acceptance Pro Solution — a rapid, science-based service designed to help you secure the FDA’s Acceptance Letter.

 

What’s Included:

● Submission-ready PMTA documents tailored to your ENDS or Nicotine Pouch product

● Expert support for FDA eSubmitter and correspondence

● Scientifically optimized documents for acceptance-stage review

● Reference price: $20,000 USD (covers up to 10 SKUs)

 

Whether you’re entering the U.S. for the first time or relaunching through compliance, this is your regulatory starting point.

 

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Malaysia’s Sarawak State Weighs Ban on E-Cigarette Sales
Malaysia’s Sarawak State Weighs Ban on E-Cigarette Sales
Sarawak is considering a ban on e-cigarette sales amid concerns over drug use in vape products. Minister Abdul Karim Rahman Hamzah called it a national issue, with the proposal gaining support at a July 16 anti-drug council meeting. Federal law is needed to enforce a ban.
Jul.17 by 2FIRSTS.ai
WHO Representative in Malaysia: Country Should Follow Neighbors in Implementing a Full E-cigarette Ban
WHO Representative in Malaysia: Country Should Follow Neighbors in Implementing a Full E-cigarette Ban
The World Health Organization’s representative in Malaysia has called for a nationwide ban on e-cigarettes, citing regulatory gaps that put children and adolescents at risk. While some Malaysian states have imposed bans, a unified national policy is needed to close enforcement loopholes.
Jul.28 by 2FIRSTS.ai
New York State's largest e-cigarette enforcement operation: 12 companies investigated, more than 10 people arrested, and 38 criminal charges brought against them
New York State's largest e-cigarette enforcement operation: 12 companies investigated, more than 10 people arrested, and 38 criminal charges brought against them
New York State Governor declares the state's largest e-cigarette enforcement action, with over a dozen arrests, 38 charges, and 12 businesses targeted for illegal e-cigarette shipments. The joint operation by the health department and state police focuses on flavored and high-tech e-cigarettes sold online and through apps, which often target minors. Officials highlight that the action aims to protect youth health and warn of severe consequences for violators.
Sep.04 by 2FIRSTS.ai
Customs Officers Seize Large Shipment of Illegal Chinese Vapes in Sofia, Bulgaria
Customs Officers Seize Large Shipment of Illegal Chinese Vapes in Sofia, Bulgaria
Authorities in Sofia have seized 2,800 illegal disposable vapes, each containing 15ml of liquid—a total of 42,000ml—during an inspection at a logistics warehouse. The products, imported from China and disguised as waterproof sprays, far exceeded legal limits under Bulgarian law.
Aug.22 by 2FIRSTS.ai
Derbyshire,UK officials seize nearly 2500 illegal disposable e-cigarettes
Derbyshire,UK officials seize nearly 2500 illegal disposable e-cigarettes
UK's Derbyshire county enforces e-cigarette ban, seizing 2418 illicit products, with retailers unaware, intentionally flouting law, or selling old stock.
Aug.07 by 2FIRSTS.ai
2Firsts Product Observation (8.25-8.29): UK Market Focuses on Pod Innovation, Multiple Brands Compete for Differentiation
2Firsts Product Observation (8.25-8.29): UK Market Focuses on Pod Innovation, Multiple Brands Compete for Differentiation
Recently, the UK e-cigarette market has displayed two distinct trends. First, the number of new product releases has slowed, with a notable decline in MHRA approvals. Second, innovation in product differentiation has accelerated, as seen with new launches from VOZOL and SKE. Additionally, ELFBAR has introduced limited-edition products, and OXBAR has focused on functional innovations, both contributing to a growing emphasis on differentiation.
Sep.01 by 2FIRSTS.ai