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’s Zhengzhou Tobacco Research Institute develops end-to-end heated tobacco analysis to trace aerosol compound origins
China’s Zhengzhou Tobacco Research Institute develops end-to-end heated tobacco analysis to trace aerosol compound origins
The Zhengzhou Tobacco Research Institute of China National Tobacco Corporation has filed a patent application for an end-to-end method to analyze the migration and transformation of chemical compounds in heated tobacco products. Using GC-Orbitrap/MS non-targeted analysis, the method compares tobacco substrate and aerosol samples to distinguish compounds transferred directly from the substrate from those newly formed during heating, while also calculating transfer rates. In an example involving nine heated tobacco products, the patent identified 17 newly formed thermal decomposition compounds and 38 transferred compounds.
Aug.13
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
Philip Morris Romania Executive on Smoke-Free Strategy: How IQOS Spaces Are Moving Beyond Retail to Consumer Connection
Philip Morris Romania Executive on Smoke-Free Strategy: How IQOS Spaces Are Moving Beyond Retail to Consumer Connection
In an interview with Romanian marketing publication IQads, Marek Gębski, Director of Smoke-Free Products at Philip Morris Romania, said IQOS experience spaces are evolving from traditional retail locations into platforms for consumer engagement and brand connection. Through locations such as IQOS Boutique Victoriei, PMI aims to use design, culture and consumer experiences to strengthen communication with adult consumers about smoke-free products. The interview highlights how tobacco companies are expanding smoke-free strategies beyond products toward experiential marketing and consumer relationships.
Aug.11
Gallery | InterTabac 2026 Opens as VAPORESSO, SKE, GREENTANK, GEEK BAR and Other Brands Take the Floor
Gallery | InterTabac 2026 Opens as VAPORESSO, SKE, GREENTANK, GEEK BAR and Other Brands Take the Floor
InterTabac 2026 opened in Dortmund, Germany, on September 15 alongside NUBIZ and InterSupply. According to the latest figures released by the organizer, the three trade shows bring together around 750 exhibitors from 64 countries. On site, 2Firsts observed vaping and related brands including VAPORESSO, DOJO, SKE, GREENTANK, GEEK BAR, HQD and ELUX.
Special Report
Sep.15
Australia’s One Nation Proposes 75% Tobacco Tax Cut, Says Lower Prices Could Hit Illicit Market
Australia’s One Nation Proposes 75% Tobacco Tax Cut, Says Lower Prices Could Hit Illicit Market
Australia’s One Nation party has proposed cutting tobacco excise by 75%, arguing that lower legal cigarette prices could narrow the gap with illicit tobacco and reduce demand for black-market products. The proposal comes as Australia continues expanding enforcement against illicit tobacco supply chains through border controls, retail inspections and organised-crime investigations. Supporters argue high taxes have contributed to illicit-market growth, while opponents warn that lower tobacco prices could undermine public-health goals. The proposal is a party policy position and has not been adopted by the Australian government.
Aug.18
Why AIRSCREAM Built its European Production Hub for Regulated Market Growth
Why AIRSCREAM Built its European Production Hub for Regulated Market Growth
AIRSCREAM’s production hub in the Czech Republic brings nicotine pouch manufacturing, e-liquid bottling, product documentation, warehousing and international logistics into one operation, giving brands and commercial partners a practical platform from which to launch, expand and enter new markets.
Market
Sep.16 by 2Firsts Perspectives