FDA Issues Draft PMTA Guidance for Flavored E-Cigarettes, Maintaining Higher Evidence Bar for Fruit and Sweet Flavors

Mar.10
FDA Issues Draft PMTA Guidance for Flavored E-Cigarettes, Maintaining Higher Evidence Bar for Fruit and Sweet Flavors
The U.S. Food and Drug Administration (FDA) on March 9 released a draft guidance outlining its current thinking on premarket tobacco product applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS). The document reiterates that fruit, candy, dessert, and other sweet-flavored e-cigarettes present a “significant public health risk” to youth and therefore face a higher evidentiary burden if manufacturers seek marketing authorization.

Key Point

 

  • FDA Releases New Draft Guidance on Flavored E-Cigarette Review: The document is a draft distributed for comment purposes, aimed at clarifying how the FDA evaluates issues related to youth risk in the PMTA review of flavored e-cigarettes.
  • Basic Stance Remains Unchanged: The document reiterates that flavored e-cigarettes generally pose a higher risk to youth than tobacco-flavored products, and applicants must demonstrate not only that they are beneficial to adult smokers, but also offer an added benefit over tobacco-flavored products.
  • Explicit Introduction of "Risk-Proportionate Evaluation by Flavor": The FDA stated that different non-tobacco flavors have varying levels of appeal to youth, so the required magnitude of adult benefit to be proven will also vary. The higher the risk, the higher the evidentiary burden.
  • Flavor Risks: Fruit and candy/sweet flavors remain high-risk categories and face the highest evidentiary burden; meanwhile, menthol, mint, and certain coffee, tea, and spice flavors are granted a limited space for argumentation.
  • Technological Restrictions Cannot Replace Substantive Evidence: Companies can prove the relatively lower appeal of a certain flavor through sensory perception and consumer response studies. However, relying solely on device access restriction (DAR) technologies, such as fingerprint recognition and geofencing, is generally insufficient to offset the youth risk posed by high-risk flavors.

 


 

2Firsts, March 10, 2026

 

On March 9, the U.S. Food and Drug Administration (FDA) issued an industry draft guidance document regarding Premarket Tobacco Product Applications (PMTAs) for flavored electronic cigarettes. It reiterates that fruit flavors, as well as candy, dessert, and other sweet products, pose a "substantial public health risk" to youth. If such products seek marketing authorization, they bear a correspondingly high evidentiary burden.

 

This draft, titled Flavored Electronic Nicotine Delivery Systems (ENDS) Premarket Applications – Considerations Related to Youth Risk, was published by the FDA's Center for Tobacco Products in March 2026. It is a draft for comment purposes only and is not legally binding. The document states that its purpose is to assist applicants in submitting and refining their ENDS PMTAs more efficiently and reflects the FDA's current thinking on reviews.

 

According to the document, the FDA's core review standard for e-cigarette products has not changed. Applicants must demonstrate that permitting the marketing of the product is "appropriate for the protection of the public health" (APPH), meaning its potential benefits to adult combustible cigarette users must outweigh the potential risks to non-users, such as youth.

 

The FDA stated that flavored ENDS pose a higher risk to youth compared to tobacco-flavored products. Therefore, applicants must not only show that the flavored products are beneficial to adults but also prove that they offer an added public health benefit compared to tobacco-flavored products. This approach "remains unchanged" and was affirmed by the U.S. Supreme Court in the FDA v. Wages and White Lion case.

 

However, this draft further addresses a more specific question: how much of an added adult benefit must different flavored products demonstrate to pass the review? The FDA stated that going forward, it will proportionately weigh the required magnitude of adult benefit based on the level of risk a particular flavor poses for youth initiation and continued use. The document notes that flavors with a higher risk to youth require a correspondingly higher level of proven adult benefit.

 

Under this framework, fruit flavors, as well as candy, dessert, and other sweet flavors, are still placed in the high-risk category.

 

The FDA pointed out that these products pose a substantial public health risk to American youth and therefore continue to face a high evidentiary threshold. The document also noted that while the FDA has issued marketing granted orders for tobacco- and menthol-flavored e-cigarette products, it has not identified any flavor product that is "highly appealing to youth" that has submitted sufficient evidence of public health benefit to overcome the risk to youth.

 

At the same time, the FDA stated that certain flavors may show relatively lower youth appeal. The draft mentions that menthol, mint, and certain "novel flavors" such as spices may pose lower risks of youth initiation and use compared to fruit and sweet products.

 

The document also noted that flavors like coffee, tea, or spices, if shown to have lower youth appeal, might theoretically meet the review standard even if the added adult benefit they bring compared to tobacco-flavored products is "relatively small."

 

Regarding potential adult benefits, the FDA maintained cautious wording in the document. The draft states that flavored e-cigarettes may, in certain circumstances, help adult smokers transition away from combustible cigarettes, increase quit attempts, maintain complete switching, or reduce cigarette consumption. However, it also points out that much of the available evidence is subject to methodological limitations, and the FDA will evaluate the "totality of scientific evidence" rather than making conclusions based on a single study or preference survey.

 

In terms of evidence-gathering methods, the FDA recommends that applicants submit scientifically valid evidence characterizing the relative appeal of their proposed products among youth, young adults, and adults.

 

The document specifically mentions the use of sensory perception and consumer response studies, including blinded sensory panel assessments, to evaluate the relative appeal of different flavor formulations without requiring actual product use. The FDA also recommends including benchmark flavors such as tobacco, fruit, and candy in these studies for comparison.

 

The draft also discussed device access restrictions (DAR), such as fingerprint recognition, biometric unlocking, and geofencing.

 

The FDA stated that while such technologies may be a component of a comprehensive youth prevention strategy, relying on them alone is generally insufficient to mitigate the risks associated with highly youth-appealing flavors.

 

For high-risk flavors like fruit, candy, and desserts, if an applicant purports to rely solely on DAR to reduce youth risk, they will face an "especially high" evidentiary burden.

 

Image source: FDA

 


 

Further reading:

 

2FIRSTS | FDA PMTA Roundtable: Ongoing Comprehensive Coverage by 2Firsts
2FIRSTS | FDA PMTA Roundtable: Ongoing Comprehensive Coverage by 2Firsts
2Firsts is the world-leading new tobacco industry media and advisory platform, dedicated to providing global professional readers with exclusive reporting, in-depth perspectives, and visionary insights.
www.2firsts.com

 

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

Deputy Mikhail Ivanov delivers a lesson on the harms of vapes to Sormovo school students
Deputy Mikhail Ivanov delivers a lesson on the harms of vapes to Sormovo school students
According to the United Russia Nizhny Novgorod branch website, Nizhny Novgorod City Duma deputy chair Mikhail Ivanov (Mikhail Ivanov) spoke to students at School No. 78 about the harms of vapes, electronic nicotine delivery systems and nicotine-free liquids, stressing that such topics should be discussed with children “honestly” and “only with facts.”
Feb.28 by 2FIRSTS.ai
Cambodia Siem Reap raid seizes over 10,000 e-cigarette items; two arrested
Cambodia Siem Reap raid seizes over 10,000 e-cigarette items; two arrested
Police in Siem Reap, Cambodia, seized 10,168 items of e-cigarette paraphernalia during a raid on February 28, 2026, and arrested two suspected sellers and owners of the premises.
Mar.03 by 2FIRSTS.ai
FDA Wins Default Entry in Case Against E-Cigarette Distributor, to Seek Permanent Injunction
FDA Wins Default Entry in Case Against E-Cigarette Distributor, to Seek Permanent Injunction
The U.S. Food and Drug Administration (FDA) has made procedural progress in its lawsuit against North Carolina-based e-cigarette distributor Dream Distro LLC and its owner. A federal district judge granted the government’s request for entry of default after the defendants failed to respond to the complaint within 21 days of service. The government will next seek a default judgment, including a permanent injunction.
Apr.09 by 2FIRSTS.ai
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE® Nicotine Pouches announced a partnership with Taylor Reimer Racing, becoming the Official Nicotine Sponsor for four races in the 2026 ARCA Menards Series and serving as the primary sponsor at events in Alabama, Michigan, Minnesota, and Arizona. FRE branding will appear on the race car, driver suit, and helmet, and the collaboration will also extend to off-track content and activations.
Feb.27
Special Report | 71 U.S. Lawmakers Seek to Elevate Illicit Vape Crackdown to U.S.–China Trade Negotiations
Special Report | 71 U.S. Lawmakers Seek to Elevate Illicit Vape Crackdown to U.S.–China Trade Negotiations
U.S. Rep.Mike Carey and 70 other Republican lawmakers have urged federal officials to elevate the crackdown on illicit vapes to the U.S.–China trade agenda. In a March 4 letter to the Treasury Secretary and the U.S. Trade Representative, they warned that unauthorized vape products pose risks related to national security, youth protection and organized crime. The signatories represent about one-third of House Republicans, highlighting growing congressional attention to illicit vape trade.
Mar.10
Ukrainian Committee Chair Says Nicotine Pouches Should Be Fully Banned for Sale to Minors
Ukrainian Committee Chair Says Nicotine Pouches Should Be Fully Banned for Sale to Minors
Mykhailo Radutskyi, chair of the Verkhovna Rada Committee on National Health, Medical Assistance and Medical Insurance, said nicotine pouches should be fully banned for sale to minors and their advertising should be restricted.
Apr.07 by 2FIRSTS.ai