FDA Funding Bill Delays Proposed Tobacco Regulations on E-cigarettes

Regulations by 2FIRSTS.ai
Jun.18.2024
FDA Funding Bill Delays Proposed Tobacco Regulations on E-cigarettes
The US FDA funding bill with a language provision could delay tobacco regulations amid partisan division in Congress.

According to a report by Halfwheel on June 17, a recently passed bill funded by the U.S. Food and Drug Administration (FDA) includes a language provision that, if passed, would delay the proposed tobacco regulations until the FDA completes regulatory adjustments for e-cigarette products.

 

Last week, the House Agriculture Subcommittee, Rural Development, Food and Drug Administration, and related agencies passed their expected appropriations bill for the 2025 fiscal year. The vote followed party lines, with Republicans voting in favor and Democrats voting against. The bill has now been referred to the full House Appropriations Committee, which may make amendments before the bill is taken to a full vote in the U.S. House of Representatives.

 

In this situation, the language provisions in the bill text typically reflect certain senators' attitudes towards FDA actions. As an executive agency, the FDA essentially has the authority to make policies without congressional approval. Annual appropriations bills give elected officials the opportunity to withhold funding to force the FDA to change its course of action.

 

The bill includes provisions relating to tobacco and nicotine products, prohibiting the FDA from using funds to enforce three key regulatory policies.

 

It is prohibited to sell mint-flavored cigarettes in the United States, as well as flavored cigars. There are restrictions on nicotine content in products. When legislators introduce these provisions, they often provide direct instructions, such as stating that the FDA cannot use funds for a specific purpose. In this case, the provision specifies that funds cannot be used to enforce the above-mentioned policies unless the FDA completes a series of adjustments related to the regulation of e-cigarette products. These adjustments include:

 

1. The updated "Industry Priority Enforcement Guidance" (January 2020) expands the priority enforcement scope for disposable flavored e-cigarette products (technical term for e-cigarette products) beyond pod-based products. 2. Issuing final rules requiring foreign manufacturers to register. 3. Collaborating with Customs and Border Protection as well as the United States Postal Service to prevent the import of products that have received market refusal orders (i.e. FDA refusal letters). 4. Publicly authorizing a list of approved products. 5. Issuing "Import Alerts" for products that may be in violation. 6. Submitting quarterly reports to Congress on the progress of non-compliant products.

 

Even if these provisions are passed, they may not necessarily affect the FDA's regulation of tobacco and e-cigarette products. In April of this year, the White House announced a delayed proposed ban on menthol cigarette sales. Most people believe that this delay also impacted the proposed ban on flavored cigars, possibly due to the upcoming elections.

 

Although the FDA proposed creating limits on nicotine in early 2018, there has been little progress in actually implementing these restrictions since then.

 

It is more likely that these funding restrictions will not ultimately become law. The committee markings are just the first step in the FDA funding approval and allocation process. Recently, Congress typically relies on omnibus appropriations bills, a process of packaging various appropriations bills into one large funding bill. The language passed by the committee is usually seen as the starting point for the omnibus appropriations bill, but last-minute changes are also common in this process.

 

For example, last year, the committee approved a stricter provision that directly prohibits the FDA from implementing a ban on menthol cigarettes, flavored cigars, and nicotine restrictions, without any proposed changes for e-cigarette products.

 

Earlier, according to Axios, Republican lawmakers lost a private space in the Capitol building where they could enjoy cigars due to changes in the role of the House committee chair. This has made them nervous and prompted them to request House Speaker Mike Johnson to address the issue.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Cochrane 2026 Update Adds Nine Trials, Keeps High-Certainty Finding That Nicotine E-Cigarettes Improve Quit Rates Over NRT
Cochrane 2026 Update Adds Nine Trials, Keeps High-Certainty Finding That Nicotine E-Cigarettes Improve Quit Rates Over NRT
Cochrane’s 2026 update of its living review on electronic cigarettes for smoking cessation included 80 randomized controlled trials involving 29,861 adult smokers, with nine trials added in this update. The review retained its high-certainty conclusion that nicotine e-cigarettes increase smoking cessation rates compared with nicotine replacement therapy. In absolute terms, about 10 in 100 people using nicotine e-cigarettes may quit smoking for at least six months, compared with about 6 in 100 using NRT. The review found no clear difference in serious adverse event rates between the two groups, while longer-term safety and the relative effectiveness of newer device types remain less certain.
Sep.07
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
According to SGST on August 26, 2026, Australia’s Coalition Illegal Tobacco Taskforce released a report recommending an up to 80% cut in tobacco excise to reduce the appeal of the illicit tobacco market. The report claimed organised crime groups now control about 80% of Australia’s tobacco market and argued that high excise rates have widened the price gap between legal and illegal products. The recommendation remains a policy proposal and has not been adopted by the Australian government, which said its focus remains on enforcement, compliance and additional resources.
Aug.27
Altria’s USSTC Starts $250 Million Kentucky Expansion, Adding More Than 200 Jobs
Altria’s USSTC Starts $250 Million Kentucky Expansion, Adding More Than 200 Jobs
U.S. Smokeless Tobacco Company, an Altria Group company, has broken ground on an approximately $250 million manufacturing expansion in Hopkinsville, Kentucky. The roughly 270,000-square-foot facility is expected to create more than 200 jobs and absorb processing, manufacturing and packaging operations currently split between Hopkinsville and Nashville, Tennessee. USSTC previously said production at its Nashville facility is expected to wind down by early 2028. The project forms part of Altria’s broader effort to modernize and consolidate its U.S. smokeless tobacco manufacturing network.
Sep.10
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup’s 2026 Consumption Habits survey tracked nicotine pouch use for the first time. The survey found that 11% of U.S. adults reported smoking cigarettes in the past week, 9% reported vaping, and 4% reported using nicotine pouches. Cigarette smoking remained near Gallup’s long-term low, while adult vaping rates stayed relatively stable in recent years.
Market
Aug.25 by 2Firsts Perspectives
Product | Philip Morris Korea Launches TEREA Limona Pearl, Expanding Fresh Blend Capsule Lineup to Five
Product | Philip Morris Korea Launches TEREA Limona Pearl, Expanding Fresh Blend Capsule Lineup to Five
Philip Morris Korea launched TEREA Limona Pearl in South Korea on August 31, 2026, expanding the TEREA Fresh Blend capsule tobacco stick lineup from four variants to five. Designed for the IQOS ILUMA series, the new stick combines a capsule with what the company calls a Fresh Filter. Philip Morris Korea describes the product as offering an aromatic, refreshing flavor profile with a cooling sensation, with an additional fresh note released when the capsule is crushed. The recommended retail price is KRW 4,800 per pack, with sales through IQOS stores and convenience stores nationwide. No reliable evidence has been found that the same Limona Pearl SKU was previously officially launched in another major IQOS market.
Sep.01
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
Cliff Douglas, a veteran U.S. tobacco-control and public health policy figure, told NAS 2026 that the “continuum of risk” should play a central role in tobacco policy. He called for clearer market pathways, stronger risk communication, differentiated regulation and enforcement, and said possible FDA reforms to PMTA reviews could be a “welcome correction” if they create a more efficient, predictable route for scientifically substantiated lower-risk products. Read 2Firsts’ on-site coverage.
Sep.26