FDA Issues 13 Policy Memos on Flavored E-Cigarette Review Methods

Nov.22.2024
FDA Issues 13 Policy Memos on Flavored E-Cigarette Review Methods
FDA has released 13 additional regulatory science policy memos related to the review of premarket applications, detailing the processes and prioritization methods for filing and reviewing PMTAs for flavored e-cigarettes and other products, as well as the basis for specific actions related to environmental assessments.

On November 21st, U.S. Food and Drug Administration (FDA) released additional regulatory science policy memos concerning its review of premarket applications. These memos aim to provide clarity on the agency’s methods and processes for evaluating applications.

 

The release includes thirteen memos developed between 2020 and 2023 and details FDA's approach to filing and reviewing PMTAs for flavored e-cigarettes and other products, including the criteria for prioritization. The memos also outline the agency's rationale for actions related to environmental assessments.

 

The memos posted today include:

 

  • Feb. 20, 2020: To Support the Efficient Filing Review of Premarket Tobacco Product Applications (PMTAs)

 

  • June 30, 2021: Updated Prioritization of PMTA Filing Reviews (includes an addendum from July 28, 2021)

 

  • Jan. 21, 2022: Filing Prioritization for PMTAs Received between Sep. 10, 2020, to Nov. 3, 2021 (with an addendum from Feb. 28, 2022)

 

  • July 9, 2021: ENDS Containing Non-Tobacco Flavored E-Liquid: Approach to PMTAs Not in Substantive Scientific Review (Phase III) (and five addendums from July 28, 2021, Aug. 18, 2021, Nov. 22, 2022, Dec. 7, 2022, and April 27, 2023) 

 

  • July 16, 2020: Environmental Assessment Criteria to Support Refuse to Accept or Refuse to File Actions on Premarket Applications (with an addendum from May 27, 2021)

 

FDA notes that these science policy memos provide snapshots of its perspectives at specific times. Consequently, the information may evolve with changes in policies, regulatory frameworks, or regulatory science.  

 

FDA reviews tobacco product applications based on the specific facts provided in each submission, with findings documented accordingly. As such, the regulatory science policy memos are not intended to serve as tools, guides, or manuals for preparing or submitting applications to FDA.

 

To support applicants seeking to market new tobacco products, FDA has issued final regulations, including the PMTA final rule. This rule specifies the required content, format, and review procedures for PMTAs and is supplemented by additional guidance documents. FDA also offers resources such as webinars and application tips, which are regularly updated on the CTP's website and social media platforms.

 

In April 2024, FDA resumed the publication of regulatory science policy memos. With the latest batch released today, the agency has published four sets of memos this year, totaling 26 memos in 2024.

 

Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
iJOY Launches New IJOY XP100K E-Cigarette on Official Website. The product adopts a combined structure of “pod + power bank + refill e-liquid bottle,” comes pre-filled with 18mL of e-liquid and includes 15mL of refill liquid. It is officially claimed to deliver up to approximately 100,000 puffs, and its packaging bears the wording “BUILT IN THE USA.” It has already gone on sale through some online channels in the United States, with the kit priced at US$19.99.
Apr.08 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
Swedish Politicians Ask European Commission to Clarify Legality of France’s Nicotine Pouch Ban
Swedish Politicians Ask European Commission to Clarify Legality of France’s Nicotine Pouch Ban
France’s ban on oral nicotine pouches has triggered an immediate response in Sweden. Swedish Minister for Foreign Trade Benjamin Dousa said Sweden had mobilized strongly against the ban and argued that it constitutes a clear obstacle to the free movement of goods within the EU single market. Swedish officials say the measure affects a strategically important domestic industry and conflicts with Sweden’s harm-reduction approach to public health.
Apr.14 by 2FIRSTS.ai
Exclusive | TPE 2026 Cools as Caution Deepens in the U.S. Vape Market
Exclusive | TPE 2026 Cools as Caution Deepens in the U.S. Vape Market
The show had become an important check-in point for Chinese manufacturers and brand owners looking for signs of change in the U.S. market after months of softer demand. Instead, participants said the event highlighted a more restrained mood: traffic in the vape section was uneven, standout launches were limited, and conversations often failed to turn into orders.
Special Report
Apr.12
FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary resigned on May 12 after opposing the Trump administration’s push to authorize fruit-flavored vaping products, according to reporting by The New York Times. Makary reportedly objected over concerns that flavored vapes could attract young people and refused to support broader approvals.
News
May.13
JTI Invests EUR 300 Million in New Factory in Romania to Advance Its Localized Expansion
JTI Invests EUR 300 Million in New Factory in Romania to Advance Its Localized Expansion
After being present in Romania for more than 30 years, Japan Tobacco International (JTI) announced that it will invest approximately EUR 300 million (about USD 324 million) to build a green, state-of-the-art new factory in Ilfov County, Romania, reinforcing its long-term commitment to the country.
Mar.31 by 2FIRSTS.ai