FDA Marketing Application Review Expected to Complete by June 30th

Regulations by 2FIRSTS.ai
Jan.23.2024
FDA Marketing Application Review Expected to Complete by June 30th
The US Food and Drug Administration (FDA) has announced plans to complete all covered marketing applications by June 30.

According to tobacco industry reporter sources, the Food and Drug Administration (FDA) of the United States has stated that it aims to complete all the marketing applications by June 30.

 

In its latest court order status report, the organization stated that further review is needed in recent judicial decisions, including the decision by the District Court of Fontem US (a subsidiary of Imperial Tobacco) in the case.

 

In addition, several of these incomplete applications involve complex scientific issues that require careful scrutiny and consideration.

 

In the Fontem case, the court issued a unanimous decision supporting the regulatory agency's refusal to approve Fontem's application to sell flavored e-cigarette products, aligning with previous precedents set by the district circuit court. However, the court rejected the FDA's refusal of Fontem's application for flavorless products.

 

The organization stated that they are also facing challenges from manufacturers' requests to modify their Pre-Market Tobacco Product Applications (PMTAs) after several court rulings have been made.

 

These modifications consist of a wealth of data and scientific explanations," the agency wrote. "The length of these modifications varies from a few pages to several hundred pages and is received in a rolling manner, with the most recent modification submitted in December 2023.

 

Furthermore, on January 3rd, the United States Court of Appeals for the Fifth Circuit ruled that the Food and Drug Administration (FDA) displayed "arbitrary and capricious" behavior in rejecting the pre-market tobacco product applications (PMTAs) of Wages and White Lion Investments (also known as Triton Distribution) and Vapetasia.

 

The court, in Judge Andrew S. Oldham's opinion, stated that the FDA "has been leading e-cigarette manufacturers on a wild goose chase," providing them with approval conditions for selling flavored e-cigarette products and then rejecting all applications.

 

Regulatory agencies have been ordered by the court to regularly submit status reports on pending PMTAs for new tobacco products on the market until August 8, 2016.

 

In order to legally sell such new tobacco products in the United States, the Family Smoking Prevention and Tobacco Control Act requires the FDA to conduct a substantive review of each new tobacco product's pre-market tobacco application (PMTA) and issue a marketing authorization allowing the sale of that product.

 

The court-imposed deadline stems from a lawsuit filed by a health organization against the FDA, seeking a court order to establish a final review deadline of September 9, 2020, for the submission of PMTAs to the agency.

 

The original deadline set was September 9, 2021, but the FDA was unable to complete the review by that date due to the overwhelming number of PMTA submissions from manufacturers.

 

The FDA submitted its latest and seventh status report on October 23, 2023. In these reports, the FDA provided updates on the progress of pending PMTA "covering applications" being reviewed by the agency.

 

Covered applications" refer to new e-cigarette/vapor products on the market as of August 8, 2016, which were submitted to the FDA for PMTA by brands such as Juul, Vuse, Njoy, Logic, Blu, Smok, Suorin, or Puff Bar before September 9, 2020, and account for 2% or more of retail sales volume in various NielsenIQ e-cigarette sales reports.

 

The organization further states that they anticipate taking action on 94% of the pending applications by March 31st. The FDA also indicates that they will submit another status report by April 22nd or earlier.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Special Report|U.S.-Facing Retailer Lists RELX Creator Pro 15K: A Chinese Brand Signal Under FDA’s Lower-Priority Enforcement Window
Special Report|U.S.-Facing Retailer Lists RELX Creator Pro 15K: A Chinese Brand Signal Under FDA’s Lower-Priority Enforcement Window
Vapesourcing has listed RELX Creator Pro 15K as “Coming Soon” with U.S. warehouse shipping options; while the page does not show that RELX has entered the U.S. market through official channels or that the product has received FDA authorization, the listing suggests that Chinese brand-led ENDS products are becoming a new point of observation as the U.S. market reassesses regulatory risk following the FDA’s updated enforcement-priority policy.
Industry Insight
Jun.11
KT&G Launches Two New lil AIBLE Dedicated Sticks as Aim Portfolio Expands to 13
KT&G Launches Two New lil AIBLE Dedicated Sticks as Aim Portfolio Expands to 13
KT&G said on April 20 that it has launched two new “AIIM” sticks for its lil AIBLE heated tobacco device at convenience stores nationwide in South Korea. The new products are “AIIM CHANGE UP” and “AIIM COOL SHOT.” The company said the products were developed based on the existing lil SOLID dedicated sticks “Fiit Change Up” and “Fiit Cool Shot.” With the launch, the Aim lineup for lil AIBLE has expanded to 13 products.
Apr.20 by 2FIRSTS.ai
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA CTP issued a May 7 statement on accelerating product review and improving PMTA efficiency, but did not push it via official X and newsletter until May 13, one day after FDA Commissioner Marty Makary’s resignation was confirmed. FDA has not explained the delay, and no public evidence links it directly to the leadership change. The timing is notable given CTP’s usual 24-hour distribution practice.
Special Report
May.14
Exhibition Insights | Beyond Devices: What RELX’s Multi-Format Display Suggests About Category Expansion
Exhibition Insights | Beyond Devices: What RELX’s Multi-Format Display Suggests About Category Expansion
RELX’s booth in Prague brought together vaping devices, RELX-branded e-liquids, oral nicotine products and a nasal product concept in one display. Rather than centering the booth on a single hardware line, the company presented multiple product paths side by side.
Apr.20 by 2FIRSTS.ai
BAT Uzbekistan and Regulators Discuss Production Modernization and Export Expansion
BAT Uzbekistan and Regulators Discuss Production Modernization and Export Expansion
A meeting was held at the Department for Combating Economic Crimes under the General Prosecutor’s Office of Uzbekistan with representatives of British American Tobacco Uzbekistan. Participants included the department’s leadership, the Inspectorate for Regulation of the Alcohol and Tobacco Market, and business representatives.
May.09 by 2FIRSTS.ai
Argentina Issues Resolution 549/2026 to Regulate Vapes, Heated Tobacco and Nicotine Pouches
Argentina Issues Resolution 549/2026 to Regulate Vapes, Heated Tobacco and Nicotine Pouches
Argentina’s government has created a comprehensive regulatory framework for nicotine products, including vapes, heated tobacco and nicotine pouches, through Resolution 549/2026 published in the Official Gazette. The new regulation ends the previous prohibitive framework and establishes rules to organize the market by requiring traceability, quality standards and mandatory registration for all manufacturers and retailers operating in the country.
May.06 by 2FIRSTS.ai