FDA Criticized for Lack of Action on Nicotine Alternatives

Sep.22.2022
FDA Criticized for Lack of Action on Nicotine Alternatives
FDA criticized for failing to regulate safe nicotine substitutes, with delays in PMTA and Juul marketing refusal.

The FDA has faced scrutiny for various reasons related to its handling of safer alternatives to nicotine products. This is no secret. Last month, the agency was heavily criticized by Senators Dick Durbin (D-Ill.) and Susan Collins (R-Maine). In a letter referencing a report by STAT, the Senators stated that the FDA "seems to be failing again in protecting our nation's children" for not taking action on the ban of synthetic nicotine announced earlier this year.


Similarly, Matt Myers, the chairman of the Smoke-Free Kids movement, emphasized that the FDA should exercise its power to withdraw products from the market. "All unauthorized synthetic nicotine products are currently illegal and must be immediately removed from the market in accordance with the law, rather than on some unspecified date in the future.


Moreover, the organization has continuously faced condemnation for failing to comply with the deadline and timely completion of the PMTA process. To make matters worse, the FDA has been forced to temporarily suspend the newly released Juul Marketing Denial Order (MDO).


To ensure that the mistakes are being taken seriously, Commissioner Califf has announced an evaluation of the Center for Tobacco Products (CTP). In a press release, he stated that he has discussed the assessment with the leaders of the relevant centers and offices, who welcome the opportunity to work towards improvement. "Each field is filled with diligent and talented individuals who devote their careers to various scientific, policy, legal, and administrative activities. FDA employees should receive the best possible support so that they can fulfill their steadfast commitment to public health and the American public we serve," he added.


The review will be conducted by the non-profit organization, Reagan-Udall Foundation along with undisclosed experts. The aim is to assess the "processes and procedures, resources, and organizational structure" of the Food Plan and CTP.


I don't think this will bring about a huge change," said a former CTP employee quoted by Filter. "It's unclear at this point whether the Reagan-Udall Foundation is an anti-vaping collaborator or if it will become a true partner for millions of adult users of e-cigarette products trying to quit smoking.


The FDA has failed to fulfill its regulatory mandate without remorse, by not approving electronic cigarette products that could benefit public health. This is not a matter of the system being overwhelmed or underfunded - the agency collects nearly $1 billion in user fees annually.


Statement:


This article is compiled from third-party information and is only intended for industry exchange and learning purposes.


This article does not represent the views of 2FIRSTS and 2FIRSTS cannot confirm the truthfulness and accuracy of the content. The translation of this article is only intended for industry-related research and communication.


Due to limitations in the level of translation, the compiled article may not fully match the original text. Please refer to the original text for accuracy.


2FIRSTS maintains complete alignment with the Chinese government on any issues pertaining to domestic affairs, Hong Kong, Macau, Taiwan, and foreign relations.


The copyright of compiled information belongs to the original media and author. If there is any infringement, please contact us for deletion.


This document has been generated through artificial intelligence translation and is provided solely for the purposes of industry discourse and learning. Please note that the intellectual property rights of the content belong to the original media source or author. Owing to certain limitations in the translation process, there may be discrepancies between the translated text and the original content. We recommend referring to the original source for complete accuracy. In case of any inaccuracies, we invite you to reach out to us with corrections. If you believe any content has infringed upon your rights, please contact us immediately for its removal.

Jordan Cuts Taxes on Heated Tobacco and E-cigarettes
Jordan Cuts Taxes on Heated Tobacco and E-cigarettes
Jordan has amended its 2025 Special Tax Law, introducing a package of tax reductions on heated tobacco products and electronic cigarettes. Published in the Official Gazette, the changes take effect Monday morning and include a 50% cut in taxes on heated tobacco devices, as well as significant reductions on e-cigarette hardware and liquids. The move is expected to have an immediate impact on retail prices.
Dec.22 by 2FIRSTS.ai
Denver’s Flavored Tobacco Ban Faces Constitutional Challenge From Vape Trade Group
Denver’s Flavored Tobacco Ban Faces Constitutional Challenge From Vape Trade Group
A Colorado vape industry trade group says Denver’s voter-approved flavored tobacco sales ban is unconstitutional and too vague to enforce. The group is asking a state court for a permanent injunction blocking enforcement of Ordinance 24-1765 and for a declaration allowing flavored tobacco and vape sales, citing state constitutional vagueness concerns and multiple U.S. constitutional issues.
Jan.27 by 2FIRSTS.ai
Vietnam Drafts Administrative Penalties for E-Cigarette Use, Setting Fines up to USD 380
Vietnam Drafts Administrative Penalties for E-Cigarette Use, Setting Fines up to USD 380
Vietnam plans to formalise penalties for e-cigarette and heated tobacco use under a draft decree. Individual users could be fined VND 3–5 million (USD 114–190), while premises allowing use face fines up to VND 10 million (USD 380). Higher penalties apply to business violations.
Dec.25 by 2FIRSTS.ai
French Council of State Strikes Down Total Vape Ban in French Polynesia
French Council of State Strikes Down Total Vape Ban in French Polynesia
France’s highest administrative court, the Council of State, has ruled that Article 76 of French Polynesia’s tobacco law establishing a total ban on vaping products is illegal. The provision, adopted in August and due to take effect by 2027, was successfully challenged by local importers and distributors.
Dec.25 by 2FIRSTS.ai
JUUL Files ITC Complaint over Vaporizer Device Infringement
JUUL Files ITC Complaint over Vaporizer Device Infringement
The U.S. International Trade Commission has instituted a Section 337 investigation following a complaint filed by JUUL Labs, Inc. and VMR Products LLC. The complaint alleges that certain vaporizer devices, cartridges and related components infringe two U.S. patents. The investigation covers importation, sale for importation and post-importation sales in the United States, with the complainants seeking a limited exclusion order and cease and desist orders.
Dec.19 by 2FIRSTS.ai
Japan Tobacco seeks retail price hike for Ploom tobacco sticks; EVO and others to rise by 30 yen per pack
Japan Tobacco seeks retail price hike for Ploom tobacco sticks; EVO and others to rise by 30 yen per pack
Japan Tobacco (JT) said it has applied to raise retail prices for its heated tobacco-related products from April 1, 2026, covering 37 variants of Ploom tobacco sticks and with capsules, with most increases at 20–30 yen per pack (about $0.13–$0.19).
Jan.28 by 2FIRSTS.ai