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.

 

Polish Government to Amend E-Cigarette Definitions, Applying  PLN 40 Excise Tax to Magnetic-attachment Devices
Polish Government to Amend E-Cigarette Definitions, Applying PLN 40 Excise Tax to Magnetic-attachment Devices
Poland plans to amend its excise tax regulations on e-cigarettes to address a loophole created by the emergence of electromagnetic iMagnetic-attachment devices in 2025. Under the proposal, products incorporating ferromagnetic components will be classified as e-cigarettes and subject to an excise tax of PLN 40 (about USD 11.2) per unit. The revised rules are expected to take effect 14 days after promulgation.
Dec.26 by 2FIRSTS.ai
Croatian decree raises excise duties on tobacco products effective January 1, 2026
Croatian decree raises excise duties on tobacco products effective January 1, 2026
Croatian government decree provides that higher excise duties on tobacco manufactures and tobacco products take effect from January 1, 2026. Excise on e-liquid is set at €0.25 per millilitre, on heated tobacco products at €211.30 per kilogram, and on a new tobacco product at €126.90 per kilogram. The decree’s explanation says 2026 budget revenue from these excises is expected to increase by €129.1 million.
Jan.07 by 2FIRSTS.ai
Kazakhstan Investigates Social-Media Vape Sales Linked to a Banking “Drop” Arrangement
Kazakhstan Investigates Social-Media Vape Sales Linked to a Banking “Drop” Arrangement
Kazakhstan’s Financial Monitoring Agency (AFM) in Ulytau Region is conducting a pre-trial investigation into alleged illegal vape sales and the unlawful acquisition of access to a bank account. Authorities say a Satpayev resident has sold banned devices via social media since 2024 and used a “dropper” arrangement to disguise proceeds.
Jan.27 by 2FIRSTS.ai
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
A U.S. federal court in Florida denied Philip Morris International and its subsidiaries’ motion to dismiss, allowing consumers to proceed with claims under the Florida Deceptive and Unfair Trade Practices Act alleging that Zyn nicotine pouches’ “tobacco-free” marketing is misleading. The court held that the allegations do not amount to a fraud claim and may move forward to the merits stage.
Dec.15 by 2FIRSTS.ai
Thai Police Bust Large-Scale Illegal Vape Production Site
Thai Police Bust Large-Scale Illegal Vape Production Site
Thai economic crime police have raided a residence in Chonburi province used for the illegal production and distribution of e-cigarettes, arresting a Chinese national. Authorities seized large quantities of vape devices, components, e-liquids and production equipment, as well as powder suspected to be linked to a controlled psychoactive substance. Further forensic analysis is underway.
Dec.22 by 2FIRSTS.ai
Mexico Passes Law Banning Commercial Sale and Advertising of Vapes and E-Cigarettes
Mexico Passes Law Banning Commercial Sale and Advertising of Vapes and E-Cigarettes
Mexico’s Chamber of Deputies approved a constitutional reform prohibiting the production, import, export, transport, distribution, sale, and advertising of vapes and e-cigarettes nationwide. The law does not ban personal use of such products. Backed by President Claudia Sheinbaum, the amendment to the General Health Law imposes penalties of one to eight years in prison and fines between 11,314 and 226,280 pesos (approximately USD 621–12,430).
Dec.10 by 2FIRSTS.ai