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.

2Firsts Insights | From Limited-Edition Frenzy to Interactive Lead-Gen: The 2025 Halloween Shift in Vape Marketing
2Firsts Insights | From Limited-Edition Frenzy to Interactive Lead-Gen: The 2025 Halloween Shift in Vape Marketing
For Halloween 2025, leading vape brands such as HQD and ELFBAR are running overseas social-media engagement campaigns—covering points programs and UGC giveaways with age/region restrictions. Unlike 2024’s wave of themed devices, no brand-new Halloween limited editions have appeared on major U.S. channels this year; only RAZ has restocked last year’s version.
Oct.31 by 2FIRSTS.ai
Portugal to Tax Nicotine Pouches from 2026 at €0.065 per Gram
Portugal to Tax Nicotine Pouches from 2026 at €0.065 per Gram
Portugal’s 2026 State Budget adds nicotine pouches to the IEC by inserting Article 104-D into the Excise Code’s tobacco chapter. A specific duty of €0.065/g applies from 2026, with rounding to whole grams. The Budget also defines pouches (natural nicotine, up to 12 mg, tobacco-free, oral mucosal absorption). Lusa projects €1.676B in tobacco excise for 2026; combined levies near €1.993B.
Oct.30 by 2FIRSTS.ai
Ireland Implements 50c per ml Tax on E-Liquids Starting Nov 1
Ireland Implements 50c per ml Tax on E-Liquids Starting Nov 1
From November 1, 2025, Ireland introduces a new E-liquid Products Tax (EPT), adding €0.50 per millilitre to all e-liquid products, including nicotine-free types. Signed into law by Finance Minister Paschal Donohoe, the measure targets youth vaping and requires suppliers to register with Revenue and pay duty at import, manufacturing, or distribution.
Nov.03 by 2FIRSTS.ai
Illegal Vape Sellers in the Netherlands Could Be Fined Up to €4,040
Illegal Vape Sellers in the Netherlands Could Be Fined Up to €4,040
The outgoing Dutch government plans to raise fines for illegal sales of vapes and cigarettes, with first-time offenders facing a €2,040 penalty. The new fines, up to €4,040 for large companies, are expected to take effect on July 1, 2026, pending parliamentary approval.
Nov.10 by 2FIRSTS.ai
KT&G Nears ASF Acquisition, Preparing Wide Regional Nicotine Pouch Expansion
KT&G Nears ASF Acquisition, Preparing Wide Regional Nicotine Pouch Expansion
South Korean outlet nate reports that KT&G expects to finalize its acquisition of Nordic nicotine pouch maker ASF within this year. Beginning next year, the company plans to expand the business well beyond ASF’s current five Nordic markets to Europe, the Middle East, Africa, Asia and North America, supported by its cooperation framework with Altria.
Nov.25
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex have asked a federal court to dismiss a lawsuit challenging the state’s ban on flavored e-cigarettes. They argue plaintiffs lack standing because the products are already illegal under federal law. The state denies claims of federal preemption and asserts sovereign immunity, maintaining that its ban aligns with its authority to protect public health.
Nov.24 by 2FIRSTS.ai