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.

 

Scientific talk in Bursa Nilüfer spotlights cigarette and e-cigarette addiction and youth risks
Scientific talk in Bursa Nilüfer spotlights cigarette and e-cigarette addiction and youth risks
Nilüfer Municipality in Bursa held a scientific talk titled “Does Addiction Change Form? Cigarettes, E-Cigarettes and Lung Health” as part of February 9 Quit Smoking Day, aiming to raise awareness of the social impact of tobacco addiction. Experts discussed cigarette and e-cigarette addiction, risks for young people, harms of secondhand smoke for children, and health outcomes linked to tobacco use.
Feb.10 by 2FIRSTS.ai
Ireland’s Tobacco and Vape Retail Licensing Regime Takes Effect; BAT Says It Should Cover Nicotine Pouches
Ireland’s Tobacco and Vape Retail Licensing Regime Takes Effect; BAT Says It Should Cover Nicotine Pouches
Ireland’s retail licensing system took effect on Feb. 2, 2026, charging annual fees per point of sale and enforced by the Health Service Executive (HSE). British American Tobacco’s local unit, BAT Ireland, said excluding nicotine pouches could leave a regulatory gap.
Feb.04 by 2FIRSTS.ai
Korea’s MFDS sets 2026 plan to manage and disclose harmful constituents in tobacco products
Korea’s MFDS sets 2026 plan to manage and disclose harmful constituents in tobacco products
South Korea’s Ministry of Food and Drug Safety (MFDS) said it has established its 2026 work plan to systematically manage harmful constituents in tobacco products and disclose related information under the Tobacco Harmfulness Management Act, which took effect in November 2025.
Jan.16 by 2FIRSTS.ai
Alabama House Health Committee advances SB9 to restrict vaping in public spaces under Clean Indoor Air Act
Alabama House Health Committee advances SB9 to restrict vaping in public spaces under Clean Indoor Air Act
The Alabama House Health Committee passed Senate Bill 9 on Wednesday to restrict vaping in public areas under the state’s Clean Indoor Air Act. Introduced by Sen. Gerald Allen, SB9 would add vapes—defined as “electronic nicotine delivery systems”—to the forms of “smoking” currently prohibited in enclosed public places.
Feb.13 by 2FIRSTS.ai
Philippine Lawmakers Push Bill to Close Vape Tax Loopholes
Philippine Lawmakers Push Bill to Close Vape Tax Loopholes
Lawmakers in the Philippines are pushing House Bill 5207 (HB 5207), which seeks to harmonize excise tax rates on vapor products and address disparities between nicotine salt and freebase nicotine taxation. The bill, supported by more than 40 lawmakers including Deputy Speaker Kristine Singson-Meehan, would raise taxes on freebase nicotine products to align them with nicotine salt rates.
Regulations
Feb.22
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