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

Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
The Texas Comptroller of Public Accounts ruled in September 2026 that a combustible product made with non-tobacco plant material and 6-methylnicotine (6-MN), a synthetic nicotine analog, qualifies as a taxable tobacco product. The applicant said the product contained neither tobacco leaf nor measurable conventional nicotine. The determination applies reasoning from a May Texas Supreme Court decision involving VELO nicotine pouches, finding that the plant material and 6-MN together perform the functions of tobacco in a conventional smoking product. The ruling carries applicable tax, licensing and reporting obligations but is limited to the facts submitted by the taxpayer. It does not establish a blanket tax classification for all 6-MN products or extend the same conclusion to e-cigarettes.
Regulations
Nov.06
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
At the 2026 New Approaches Summit in New York, FDA Center for Tobacco Products Director Bret Koplow said the PMTA pathway is “predicated on tobacco harm reduction.” He outlined four CTP priorities: youth prevention, helping adults quit or switch to lower-risk products, improving relative-risk communication, and reducing unauthorized products. Koplow also addressed flavored e-cigarettes, public risk perceptions, industry credibility and efforts to make PMTA reviews more efficient and predictable.
Sep.26
Product | KIWI Launches Spark 2 and Spark 2 Pro in Germany, Two Hardware Tiers Share Backward-Compatible 2ml Pods
Product | KIWI Launches Spark 2 and Spark 2 Pro in Germany, Two Hardware Tiers Share Backward-Compatible 2ml Pods
KIWI has launched the Spark 2 and Spark 2 Pro refillable pod systems in Germany at official prices of €18 and €29, respectively. Spark 2 uses an 800mAh removable lithium-ion battery in a pen-style body, while Spark 2 Pro features a 1,400mAh removable battery, a box-shaped design and vibration feedback every 20 puffs. Both devices use the same 2ml Spark V2 pods in 0.8Ω and 1.2Ω versions, with AirSync airflow adjustment and a choice between Cotton Tips and conventional Drip Tips. The new pods also remain compatible with the original KIWI Spark.
News
Sep.29 by 2Firsts Perspectives
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
Germany collected €9.789 billion in total tobacco tax revenue from January through August 2026, down 10.8% from a year earlier, according to the Federal Ministry of Finance. Germany's tobacco tax base covers not only cigarettes and fine-cut tobacco but also heated tobacco and vaping liquids taxed as tobacco substitutes. The German Association of the Tobacco Industry and Novel Products, or BVTE, citing federal statistical data, said tax-paid cigarette volume fell 12.6% to 40.6 billion sticks. BVTE is using the latest figures to argue against further tax increases planned from 2027 through 2030, while Germany's parliament is scheduled to hold a first reading of the bill on September 24.
Sep.23
Major U.S.  Vape Distributor Demand Vape Pays at Least $300,000 for White House Lobbying Amid Enforcement Pressure
Major U.S. Vape Distributor Demand Vape Pays at Least $300,000 for White House Lobbying Amid Enforcement Pressure
New York vape distributor Ecto World, which operates as Demand Vape, hired political consultant Roger Stone to lobby the Executive Office of the President on regulation of vaping and related products while facing state enforcement and multiple lawsuits. Public lobbying disclosures show that Ecto World paid at least $300,000 for the work through June 30, 2026. Separately, New York State announced in March that more than 28,500 pounds of vaping products tied to the company had been seized, while New York City and the state have pursued legal or enforcement actions. Public records do not show that the lobbying directly changed any specific regulatory or enforcement outcome.
Sep.08
Sweden Threatens EU Tobacco Tax Deal as Nicotine Pouch Duty Dispute Looms Over November 9 Meeting
Sweden Threatens EU Tobacco Tax Deal as Nicotine Pouch Duty Dispute Looms Over November 9 Meeting
Sweden is expected to oppose a European Union proposal to raise minimum tobacco excise duties, Law360 reported on October 26, 2026, citing an EU official. A provisional Council agenda dated October 23 confirms that the tobacco taxation package is scheduled for discussion at the November 9 finance ministers' meeting, where member states will seek a general approach. The proposed reforms would raise minimum taxes on conventional tobacco products and establish EU-wide excise rules for vaping liquids, heated tobacco and nicotine pouches. Sweden supports harmonising tobacco taxation rules but objects to requiring nicotine pouches to bear the same minimum tax burden as certain smoking tobacco products. As EU indirect tax legislation requires unanimous Council approval, Swedish opposition could block the proposal in its current form.
Regulations
Oct.29