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

Canada Faces Growing Debate as Youth Nicotine Pouch Use Reaches 34.8%
Canada Faces Growing Debate as Youth Nicotine Pouch Use Reaches 34.8%
New Canadian research shows that 34.8% of people aged 17 to 27 have tried nicotine pouches, up more than fourfold from 7.6% in 2022. The findings come as Conservative politicians, Alberta’s government and the tobacco industry push Ottawa to relax current restrictions on pouch sales.
Jun.12
Data|China’s January-May 2026 Device Exports Rise 13% While Nicotine Product Exports Decline 6.9%
Data|China’s January-May 2026 Device Exports Rise 13% While Nicotine Product Exports Decline 6.9%
According to China Customs export data analyzed by 2Firsts, China’s vape export mix continued to evolve during January-May 2026. Exports of electronic vaporisation devices (HS 85434000) increased 13.00% year on year, supported by growth in both shipment volume and average export prices. Meanwhile, exports of nicotine-containing non-combustible products (HS 24041200) declined 6.89%, with lower shipment volumes partly offset by higher average export prices.
Special Report
Jun.30
Changing Assumptions in U.S. Cigar Consumption: 2Firsts Interviews Cigar Educator Mechelle Merkerson
Changing Assumptions in U.S. Cigar Consumption: 2Firsts Interviews Cigar Educator Mechelle Merkerson
U.S. premium cigar culture is shifting toward education, broader choice and deeper links to craftsmanship and origin, cigar educator Mechelle Merkerson told 2Firsts. She sees boutique brands, women consumers and production-region experiences making knowledge central to cigar participation. For global brands, retailers and emerging markets such as China, education may help turn curiosity into sustained engagement.
Special Report
Jul.06
Virginia Tightens Vape and Tobacco Retail Enforcement, With Fines Up to $15,000 Per Unlisted Product
Virginia Tightens Vape and Tobacco Retail Enforcement, With Fines Up to $15,000 Per Unlisted Product
A new Virginia law that took effect on July 1, 2026, requires retailers to obtain permits to sell liquid nicotine, vape and tobacco products, while directing Virginia ABC to conduct inspections and verify that stores sell only products listed in the state directory.
Jul.20
Data|China’s January-May Vape Exports: U.S. Shipments Fall 13.8% as Japan Posts Fastest Growth
Data|China’s January-May Vape Exports: U.S. Shipments Fall 13.8% as Japan Posts Fastest Growth
According to China Customs export data analyzed by 2Firsts, the United States remained China’s largest destination for vape-related exports during January-May 2026 despite a 13.82% year-on-year decline in export value. Meanwhile, exports to Japan, Russia, Indonesia and the United Arab Emirates recorded strong growth, highlighting continued diversification across China’s export markets.
Special Report
Jun.29
VEEV Arrives in South Korea, Completing PMI’s IQOS-ZYN-VEEV Portfolio
VEEV Arrives in South Korea, Completing PMI’s IQOS-ZYN-VEEV Portfolio
Philip Morris Korea has officially launched its VEEV e-vapor brand in South Korea, introducing both the VEEV inPRIME device and VEEBI inPRIME pods. The launch further expands PMI’s smoke-free portfolio in Korea, alongside its IQOS heated tobacco products and ZYN nicotine pouches.
Jun.16