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.

 

BAT Subsidiary Warns of Surge in Illegal Nicotine Pouches in Canada, Calls for Unified Regulatory Framework
BAT Subsidiary Warns of Surge in Illegal Nicotine Pouches in Canada, Calls for Unified Regulatory Framework
Imperial Tobacco Canada, a subsidiary of British American Tobacco, has urged the federal government to respond to the spread of illegal nicotine pouches by allowing approved products to be sold through a wider range of adult retail channels. The company is also calling for stronger retail inspections, enhanced digital tracking, and closer coordination among provinces to build a consistent regulatory framework and restore the accessibility of the legal market.
Dec.05 by 2FIRSTS.ai
Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia’s Health Minister Datuk Seri Dr Dzulkefly Ahmad said the Putrajaya Magistrate’s Court decision to convict a known personality for promoting vape has set an important legal precedent for enforcing the Control of Smoking Products for Public Health Act (Act 852).
Jan.09 by 2FIRSTS.ai
Thailand police seize 17,320 disposable vapes valued at over USD 22,330 in Nonthaburi
Thailand police seize 17,320 disposable vapes valued at over USD 22,330 in Nonthaburi
Thai authorities arrested a 31-year-old man in Bang Bua Thong, Nonthaburi, on January 20, 2026, and seized 17,320 disposable e-cigarettes and a pickup truck. The seized goods were valued at more than THB 7 million (about USD 223,349.62).
Jan.21 by 2FIRSTS.ai
Spain’s Competition Authority Questions Disposable Vape Ban
Spain’s Competition Authority Questions Disposable Vape Ban
Spain’s National Commission on Markets and Competition (CNMC) has issued an opinion on the draft reform of the Tobacco Law proposed by the Ministry of Health, urging reconsideration of several measures. These include a proposed ban on disposable e-cigarettes and the full alignment of vaping products with traditional tobacco regulation.
Dec.17 by 2FIRSTS.ai
Juul, NJOY and Altria Clash Over Use of UCSF Public Documents in U.S. Patent Litigation
Juul, NJOY and Altria Clash Over Use of UCSF Public Documents in U.S. Patent Litigation
Juul Labs has asked a U.S. federal court to prevent NJOY and Altria from using documents stored in a public UCSF database in an ongoing patent lawsuit, arguing they are protected by attorney–client privilege. The defendants say the files have long been public and may contain evidence relevant to Juul’s patent conduct.
Dec.29 by 2FIRSTS.ai
Councils Remove 1.2 Million Illicit Vapes from UK High Streets
Councils Remove 1.2 Million Illicit Vapes from UK High Streets
UK council data shows that two illegal vapes were seized every minute in 2025, with a total of 1.2 million illicit vapes removed from high streets. Over the past year, authorities also seized millions of illegal cigarettes and other nicotine products. Consumer surveys indicate that more than half of UK vapers believe they have unknowingly purchased illegal vaping products.
Dec.23 by 2FIRSTS.ai