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.

Russia to Start Extrajudicial Blocking of Sites Selling Tobacco and Nicotine Products Online From March 1
Russia to Start Extrajudicial Blocking of Sites Selling Tobacco and Nicotine Products Online From March 1
Russia will introduce an extrajudicial (non-court) blocking mechanism starting March 1, 2026, allowing authorities to block websites selling tobacco and nicotine-containing products online without a court order. State Duma member Anton Nemkin said the change will place offending sites directly onto the prohibited information registry, speeding up enforcement, reducing the court burden, and increasing platform obligations to proactively monitor content.
Jan.29 by 2FIRSTS.ai
BAT’s Product Strategy Reset: A Structural Analysis of Its Post-FY2025 Competitive Architecture
BAT’s Product Strategy Reset: A Structural Analysis of Its Post-FY2025 Competitive Architecture
Drawing on BAT’s FY2025 results and earnings call, 2Firsts finds the company shifting from category expansion to competitive entrenchment across Vapour, Modern Oral, Heated Products and Combustibles. The strategy centers on connected devices, geographic customization and portfolio tiering. While structurally coherent, financial returns depend on consistent regulatory enforcement against illicit competitors, making policy execution a key variable for 2026 performance.
Feb.12
China’s E-Cigarette Exports Fall Slightly to USD 10.6 Billion in 2025, U.S. Market Further Consolidates Lead
China’s E-Cigarette Exports Fall Slightly to USD 10.6 Billion in 2025, U.S. Market Further Consolidates Lead
China’s e-cigarette exports totaled approximately USD 10.60 billion in 2025, down 3.3% year-on-year from USD 10.96 billion in 2024, according to annual trade data released by the General Administration of Customs of China. Despite the mild decline, exports remained firmly above the USD 10 billion mark, with a clear rebound in the fourth quarter.
Jan.20 by 2FIRSTS.ai
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
During the “Toxicological Profile” session at FDA’s Feb 10 PMTA roundtable, officials outlined the carcinogenicity tiering system and Excess Lifetime Cancer Risk (ELCR) framework used in ENDS reviews under the APPH standard. Small manufacturers questioned database transparency, exposure assumptions, and the existence of clear compliance benchmarks. FDA reiterated toxicological risk is assessed case by case within a broader population-level determination.
Feb.11
South Korean Court Strikes Down Health Levy on Vape Nicotine Liquids, Citing Disproportionate Penalties
South Korean Court Strikes Down Health Levy on Vape Nicotine Liquids, Citing Disproportionate Penalties
A Seoul court has annulled South Korea’s health-levy assessments imposed on multiple importers of nicotine liquids used for vaping. While the court agreed the nicotine could be treated as “tobacco” because it was found to be leaf-derived, it ruled the levy—stacked with other taxes and calculated on a blunt, volume-only basis—was so severe it effectively deprived businesses of the ability to operate, breaching constitutional proportionality and equality standards.
Jan.26 by 2FIRSTS.ai
Iowa urges Eighth Circuit to allow enforcement of challenged e-cigarette directory law
Iowa urges Eighth Circuit to allow enforcement of challenged e-cigarette directory law
At the U.S. Court of Appeals for the Eighth Circuit, Iowa asked judges to allow enforcement of a challenged 2024 state law that penalizes manufacturers selling e-cigarette products not listed on a state-run directory. Products are listed only when a manufacturer or retailer meets certain premarket requirements established under the federal Food, Drug and Cosmetic Act (FDCA).
Jan.19 by 2FIRSTS.ai