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

Spanish parties PP and PSOE reach agreement on sales restrictions for e-cigarettes and nicotine pouches
Spanish parties PP and PSOE reach agreement on sales restrictions for e-cigarettes and nicotine pouches
Spain’s Popular Party and Socialist Party reached an agreement in the Joint Congress-Senate Commission for the Study of Addiction Problems and approved a non-binding motion calling for the sale of e-cigarettes, nicotine pouches and related products to be limited to authorized and controlled channels, such as tobacco shops and specialized stores, while excluding internet sales and general retail outlets.
Apr.27 by 2FIRSTS.ai
Kentucky Governor Signs Tobacco, Nicotine, and Vapor Product Licensing Bill Into Law
Kentucky Governor Signs Tobacco, Nicotine, and Vapor Product Licensing Bill Into Law
A Kentucky bill relating to tobacco, nicotine, and vapor product licensing was signed by the governor on April 10, 2026, and enacted as Acts Chapter 70. The measure sets application requirements for tobacco, nicotine, and vapor product licenses, governs batch licensing, renewals, ownership changes, and denial grounds, and requires the Department of Alcoholic Beverage Control to publish application forms and related regulations within 30 days of the law’s effective date.
Apr.14 by 2FIRSTS.ai
IVG Adds Six New Flavours to Pro Range, Expanding Line-Up to 39
IVG Adds Six New Flavours to Pro Range, Expanding Line-Up to 39
IVG has added six new flavours to its Pro range, taking the total line-up to 39 flavours. The new additions are Cola Frost, Rainbow Burst, Pineapple Tropic, Blueberry Raspberry, Strawberry Raspberry Ice and Raspberry Cherry Blueberry. All six are available only in 20mg nicotine strength, with an RRP of £10.95 for a starter kit and £7.95 for a refill pod.
Apr.21 by 2FIRSTS.ai
New York Nicotine Pouch Tax Moves Forward as Critics Question Public Health Impact
New York Nicotine Pouch Tax Moves Forward as Critics Question Public Health Impact
New York Governor Kathy Hochul included in her FY 2027 budget proposal a plan to impose the same 75% wholesale tax on nicotine pouches such as Zyn that applies to cigarettes. The measure is expected to raise USD 18 million in FY 2027 and USD 44 million in FY 2028 after full implementation.
Mar.30 by 2FIRSTS.ai
Philippine Anti-Smoking Groups Urge DTI Action Over Alleged Vape Law Violations by ZYN and IQOS
Philippine Anti-Smoking Groups Urge DTI Action Over Alleged Vape Law Violations by ZYN and IQOS
Several anti-smoking and health advocacy groups in the Philippines urged the Department of Trade and Industry to take action against tobacco companies accused of violating the Vape Regulation Act of 2022. The groups said three consecutive complaints had been filed involving nicotine pouch brand ZYN and heated tobacco product company IQOS Philippines.
Apr.27 by 2FIRSTS.ai
Glas Says FDA Scientific Review Backed Several Flavored Products Before Senior Leaders Blocked Them
Glas Says FDA Scientific Review Backed Several Flavored Products Before Senior Leaders Blocked Them
Glas says newly released internal FDA records show agency scientific reviewers supported authorization for several flavored G2 products before senior leadership halted them. According to documents obtained through a Freedom of Information Act request, FDA’s Office of Science first recommended marketing authorization for all eight products in December 2025 and later supported six of them in February 2026. FDA ultimately authorized only the G2 device and one tobacco-flavored pod in March.
Apr.23 by 2FIRSTS.ai