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

China Boton Group Posts 2025 Revenue of RMB 1.496 Billion, With E-Cigarette Product Revenue Up 4.6%
China Boton Group Posts 2025 Revenue of RMB 1.496 Billion, With E-Cigarette Product Revenue Up 4.6%
China Boton Group reported its results for the year ended December 31, 2025. Revenue was RMB 1.496 billion, down about 9.5% from RMB 1.653 billion in 2024. Gross profit was RMB 377.1 million, with a gross margin of 25.2%, and the group recorded a net loss of RMB 1.000 billion for the year.
Mar.24 by 2FIRSTS.ai
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS submitted a comment letter to USTR in a proceeding examining unfair trade practices worldwide. The letter focuses on illicit nicotine products made in China and shipped to the United States in violation of U.S. law. NACS said the U.S. electronic nicotine delivery systems market has become dominated by illicit products, mainly disposable e-cigarettes manufactured in China and sold without the marketing authorization required by the U.S. Food and Drug Administration.
Apr.16 by 2FIRSTS.ai
KT&G Approves Plan to Establish Guatemala Branch as First Local Base in Central and South America
KT&G Approves Plan to Establish Guatemala Branch as First Local Base in Central and South America
KT&G has approved a plan to establish a branch in Guatemala, which will serve as its first local base in Central and South America. The company is currently preparing office space, staffing, and operating systems. KT&G said the branch is intended to secure a regional distribution base and will focus on local channel management and new sales channel expansion. Meanwhile, overseas cigarette revenue in 2025 exceeded the domestic share for the first time.
Mar.09 by 2FIRSTS.ai
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
On March 4, 2026, more than 160 public interest organizations worldwide sent a letter to Formula 1 urging it to expand its 2006 prohibition on cigarette sponsorships to include nicotine pouches and other tobacco products. The letter states that Philip Morris International sponsors Ferrari to promote ZYN pouches, while British American Tobacco sponsors McLaren with its Velo brand, with logos displayed on cars and drivers’ race suits and promoted on social media.
Mar.06 by 2FIRSTS.ai
Special Report | PLONQ Expands in China With New Shenzhen Hub to Accelerate R&D and Partnerships
Special Report | PLONQ Expands in China With New Shenzhen Hub to Accelerate R&D and Partnerships
On March 27, 2026, PLONQ officially opened its upgraded Shenzhen office, reinforcing its long-term commitment to China and marking a new phase of growth. As a leading vape brand in Russia, PLONQ is expanding into new product categories while strengthening R&D, engineering collaboration, and partnerships with Chinese companies. The Shenzhen office will accelerate product development, enhance cooperation with technology and manufacturing partners, and support future growth initiatives.
Apr.01
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Recent inspections and cargo disruption have led some logistics operators in the China-U.S. vape trade to see early signs of another U.S. border crackdown on illicit e-cigarettes. With late April to early May viewed as a key risk window, the market is watching closely. The bigger question is not only whether enforcement will tighten, but whether it can be sustained.
Special Report
Apr.09