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.

 

Michigan Proposes 57% Vape Tax in $800M Revenue Plan
Michigan Proposes 57% Vape Tax in $800M Revenue Plan
Michigan Governor Gretchen Whitmer’s FY2027 executive budget proposes a new 57% wholesale tax on vaping products and oral nicotine items as part of a broader $800 million revenue package aimed at stabilizing Medicaid funding.
Regulations
Feb.23
Russia to Start Extrajudicial Blocking of Sites Selling Tobacco and Nicotine Products Online From March 1
Russia to Start Extrajudicial Blocking of Sites Selling Tobacco and Nicotine Products Online From March 1
Russia will introduce an extrajudicial (non-court) blocking mechanism starting March 1, 2026, allowing authorities to block websites selling tobacco and nicotine-containing products online without a court order. State Duma member Anton Nemkin said the change will place offending sites directly onto the prohibited information registry, speeding up enforcement, reducing the court burden, and increasing platform obligations to proactively monitor content.
Jan.29 by 2FIRSTS.ai
FDA Outlines Manufacturing Requirements as Critical to ENDS PMTA Success
FDA Outlines Manufacturing Requirements as Critical to ENDS PMTA Success
FDA officials said manufacturing consistency is a core prerequisite for ENDS PMTA reviews, not a procedural formality. During its February 10, 2026 roundtable, the agency outlined expectations for quality management systems, manufacturing documentation, nicotine control, stability studies, and risk mitigation, emphasizing that robust manufacturing evidence underpins determinations of whether products are appropriate for the protection of public health.
Feb.11
WHO warns Europe will remain the world’s biggest tobacco consumer by 2030 as vaping fuels youth uptake
WHO warns Europe will remain the world’s biggest tobacco consumer by 2030 as vaping fuels youth uptake
According to Euronews, the World Health Organization (WHO) says its European Region—53 countries across Europe and Central Asia—is projected to remain the world’s largest tobacco consumer by 2030. While overall tobacco use is declining, e-cigarettes and flavoured nicotine products are capturing a new generation.
Feb.27 by 2FIRSTS.ai
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s customs data show vape (REL) excise revenue reached Rp 2.84 trillion in 2025 (≈$170.4 million), up 7.38% year over year. The gain came even as overall tobacco excise revenue declined. Minimum retail price benchmarks (HJE) for vape products rose in 2025, while excise rates remained unchanged from 2024; open-system e-liquids accounted for the largest share of revenue.
Jan.27 by 2FIRSTS.ai
Michigan Governor budget to seek major tax hikes on tobacco, vaping and gaming to address Medicaid gap
Michigan Governor budget to seek major tax hikes on tobacco, vaping and gaming to address Medicaid gap
Governor Gretchen Whitmer’s proposed fiscal year 2027 budget includes significant tax hikes on tobacco and gaming to address a projected $1.8 billion shortfall in Michigan’s Medicaid funding, the report said. The plan calls for raising the per-pack cigarette tax from $2 to $3 and increasing the wholesale tax on other tobacco products from 32% to 57%.
Feb.12 by 2FIRSTS.ai