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.

South Korea’s finance ministry to directly crack down on illegal high-nicotine vape liquids
South Korea’s finance ministry to directly crack down on illegal high-nicotine vape liquids
The report says South Korea’s Ministry of Economy and Finance (referred to as the finance ministry) will directly lead crackdowns on illegal distribution and “upward manipulation” of nicotine concentrations in liquid e-cigarettes, after cases of extremely high-strength nicotine liquids circulating at retail shops were highlighted.
Feb.28 by 2FIRSTS.ai
DTI drafts administrative order proposing an open-pod and e-liquid ban and opens it for public consultation
DTI drafts administrative order proposing an open-pod and e-liquid ban and opens it for public consultation
Department of Trade and Industry’s (DTI) proposed move to restrict harmful vape products to protect young people, but said only a total ban on all vaping and novel tobacco products would effectively safeguard public health. The group warned that limiting rules to certain products such as open pods and e-liquids could create a “dangerous behavioral loophole,” leading users—especially youth—to switch to disposable or closed-system alternatives instead of quitting.
Feb.10 by 2FIRSTS.ai
FDA and IKE Tech Hold Formal Listening Session on Youth Access and Illicit ENDS Products
FDA and IKE Tech Hold Formal Listening Session on Youth Access and Illicit ENDS Products
U.S. Food and Drug Administration’s Center for Tobacco Products held a formal listening session with IKE Tech LLC to discuss youth prevention at the point of use for ENDS products, the circulation of illicit products in the supply chain, and the regulatory treatment of software in tobacco products.
Apr.10 by 2FIRSTS.ai
Spain’s Nicotine Pouch Sales Reached 5 Million Cans in 2025, Industry Says 2026 Could Hit 8 Million
Spain’s Nicotine Pouch Sales Reached 5 Million Cans in 2025, Industry Says 2026 Could Hit 8 Million
Spain’s Nicotine Pouch Association said nicotine pouch sales in Spain reached 5 million cans of 20 units in 2025 and are expected to rise 60% to 8 million in 2026. The group said there are currently 20 to 30 brands on the Spanish market and called for regulation proportionate to product risk. It also opposed a proposal to reduce nicotine content to 0.99 mg per pouch, saying it would amount to a de facto ban on the category.
Mar.19 by 2FIRSTS.ai
Surrey councillor calls for tougher vape sales controls, seeking the “most restrictive legally supportable” package
Surrey councillor calls for tougher vape sales controls, seeking the “most restrictive legally supportable” package
Surrey Councillor Gordon Hepner presented a notice of motion calling on council to “wage war on vaping” by strengthening controls on the sale of vaping products in the city, citing vaping as a “serious health concern,” especially among youth. Hepner said the motion directs staff to bring back the “most restrictive legally supportable” package from the City’s 2019 bylaw work to materially reduce where and how vape products can be sold, including licensing controls and enforcement.
Feb.10 by 2FIRSTS.ai
FDA Issues Draft PMTA Guidance for Flavored E-Cigarettes, Maintaining Higher Evidence Bar for Fruit and Sweet Flavors
FDA Issues Draft PMTA Guidance for Flavored E-Cigarettes, Maintaining Higher Evidence Bar for Fruit and Sweet Flavors
The U.S. Food and Drug Administration (FDA) on March 9 released a draft guidance outlining its current thinking on premarket tobacco product applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS). The document reiterates that fruit, candy, dessert, and other sweet-flavored e-cigarettes present a “significant public health risk” to youth and therefore face a higher evidentiary burden if manufacturers seek marketing authorization.
Mar.10 by 2FIRSTS.ai