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.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Nicotine Pouches Lead U.S. Tobacco Growth as Vape Sales Decline
Nicotine Pouches Lead U.S. Tobacco Growth as Vape Sales Decline
New convenience store industry data show nicotine pouches have become the primary growth driver in the tobacco category, with oral nicotine sales rising nearly 30% over the past year while vape sales declined.
Business
Jun.05
 Product | ASDF Chroma extends retro cassette visual language with lighting-focused pod design
Product | ASDF Chroma extends retro cassette visual language with lighting-focused pod design
2Firsts noted that ASDF has displayed Chroma on its official website. Public information shows that Chroma is a closed-pod device equipped with an 800mAh battery, switchable RGB lights, haptic feedback and Normal/Boost power modes. It uses a 2ml OSTRO cartridge with 2% nicotine strength. Public information also shows that ASDF has a Malaysian brand background and has previously drawn industry attention for the “retro cassette” visual language used in its Vapetape series.
May.26
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
The U.S. Food and Drug Administration (FDA) released its 2025 National Youth Tobacco Survey analysis, saying about 2.01 million U.S. middle and high school students currently used any tobacco product; among current youth e-cigarette users, unauthorized disposable brands including Geek Bar, Elf Bar, Lost Mary and Raz had high reported shares, potentially making them a focus for future enforcement.
Jun.24
Reuters: India Seeks to Dismiss Adani Nicotine Pouch Challenge as Mumbai Airport Dispute Moves to Court
Reuters: India Seeks to Dismiss Adani Nicotine Pouch Challenge as Mumbai Airport Dispute Moves to Court
Reuters reported on July 13, 2026, that India is seeking to dismiss Adani Airports’ legal challenge over nicotine pouch sales at Mumbai International Airport’s duty-free shops. Adani denies wrongdoing and argues that existing drug and cosmetics regulations do not apply to duty-free sales or nicotine pouches.
Innovation
Jul.14 by 2Firsts Perspectives
Altria’s USSTC to Close Nashville Plant and Shift Operations to Kentucky by 2028
Altria’s USSTC to Close Nashville Plant and Shift Operations to Kentucky by 2028
U.S. Smokeless Tobacco Company (USSTC), a subsidiary of Altria Group, announced plans to close its Nashville manufacturing facility by 2028 and consolidate production operations at a new facility in Hopkinsville, Kentucky.
Market
Jun.02
Product | IVG Pro 15K Enters European Retail Channels, Expanding High-Capacity Pod System Segment
Product | IVG Pro 15K Enters European Retail Channels, Expanding High-Capacity Pod System Segment
UK vape brand IVG has introduced the IVG Pro 15K, a high-capacity pod system combining a 2ml prefilled pod with a 10ml refill container to deliver up to 15,000 puffs. Unlike conventional high-puff disposable vapes, the IVG Pro 15K adopts a reusable device structure, reflecting a broader shift in the European vape market toward longer-use-cycle products and reusable hardware ecosystems.
Jul.14