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

Turning Point Brands Q3 Modern Oral Net Sales Rise 103% to $74.4 Million as Attributable Profit Falls 81%
Turning Point Brands Q3 Modern Oral Net Sales Rise 103% to $74.4 Million as Attributable Profit Falls 81%
Turning Point Brands (TPB) reported third-quarter 2026 Modern Oral net sales of $74.4 million on November 9, up 102.9% year over year and representing 49.2% of consolidated net sales. Total company net sales rose 27.0% to $151.1 million, while net income attributable to TPB declined 81.4% to $3.93 million. The company is expanding the US retail presence of its FRE and ALP nicotine pouch brands and expects its Modern Oral chain-store footprint to grow by more than 70% during 2026. Selling, general and administrative expenses increased 69.1% to $75.3 million, while PMTA-related expenses reached approximately $3.15 million and manufacturing start-up costs totaled about $593,000. ALP plans to open a branded pop-up in New York City's SoHo neighborhood on November 13, alongside a marketing campaign extending into January 2027. TPB owns 50% of ALP but consolidates the venture in its financial statements.
company
Nov.11
FDA Authorizes 24 VELO Nicotine Pouches, Increasing U.S. Authorized Total by 56%
FDA Authorizes 24 VELO Nicotine Pouches, Increasing U.S. Authorized Total by 56%
The U.S. FDA authorized 24 VELO nicotine pouch products from a British American Tobacco subsidiary, raising the total number of authorized products from 43 to 67, a 55.8% increase. The newly authorized 4 mg products include lime and passion fruit flavors and feature certified child-resistant packaging. VELO's first FDA marketing authorization adds BAT to a list previously limited to PMI and Altria products, while bringing the agency's nicotine pouch review pilot total to 47 authorized products.
Oct.30
FDA Appoints Former Tobacco Enforcement Deputy Jessica Zeller as Director as Agency Weighs PMTA Framework Changes
FDA Appoints Former Tobacco Enforcement Deputy Jessica Zeller as Director as Agency Weighs PMTA Framework Changes
The U.S. Food and Drug Administration (FDA) has named Jessica Zeller director of the Center for Tobacco Products' (CTP) Office of Compliance and Enforcement (OCE), effective November 1, 2026. Zeller, the office's inaugural deputy director, returns from medical device manufacturer Edwards Lifesciences with more than 20 years of regulatory and legal experience. The appointment follows CTP leadership changes and adjustments to tobacco regulation. Bret Koplow became permanent CTP director in September; the FDA revised enforcement priorities for unauthorized e-cigarettes and nicotine pouches in May and announced faster PMTA review procedures. On September 28, the agency said it would evaluate changes to the existing PMTA regulatory framework, including potential rulemaking to replace it.
FDA
Oct.20 by 2Firsts Perspectives
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
Cliff Douglas, a veteran U.S. tobacco-control and public health policy figure, told NAS 2026 that the “continuum of risk” should play a central role in tobacco policy. He called for clearer market pathways, stronger risk communication, differentiated regulation and enforcement, and said possible FDA reforms to PMTA reviews could be a “welcome correction” if they create a more efficient, predictable route for scientifically substantiated lower-risk products. Read 2Firsts’ on-site coverage.
Sep.26
Why Does JPMorgan Favor BAT Over Philip Morris Despite Forecasting Slower Growth of 3.9% Versus 6.2%?
Why Does JPMorgan Favor BAT Over Philip Morris Despite Forecasting Slower Growth of 3.9% Versus 6.2%?
JPMorgan resumed equity research coverage of British American Tobacco (BAT), Philip Morris International (PMI) and Imperial Brands in November 2026, assigning BAT an Overweight rating and the other two companies Neutral ratings. The bank forecasts like-for-like sales growth of 3.9% for BAT and 6.2% for PMI in 2027, but estimates the two companies will trade at approximately 11 times and 21 times 2027 earnings, respectively. JPMorgan cited BAT's improving position in US nicotine pouches and vaping products as a driver of its investment outlook. BAT reported a 220% constant-currency increase in US modern oral nicotine revenue in the first half of 2026, while PMI's ZYN US shipments returned to growth in the third quarter. Imperial expects NGPs to represent 4% to 5% of sales and has expanded its oral portfolio through acquisitions.
Capital Markets
Nov.12
From Product Innovation to Integrated Solutions: NEXTECH Expands Its Global Heated Tobacco Solutions
From Product Innovation to Integrated Solutions: NEXTECH Expands Its Global Heated Tobacco Solutions
NEXTECH launched its NEXE Pro circumferential-heating tobacco stick globally at InterTabac 2026, as the company expands from product innovation into broader heated tobacco solutions. Amid intensifying competition across global HTP markets, NEXTECH is strengthening its R&D, manufacturing and pre-launch support capabilities to serve different types of business customers.
Industry Insight
Sep.15