FDA's 2022 Actions and Plans for 2023

Feb.02.2023
FDA's 2022 Actions and Plans for 2023
The FDA released a public letter summarizing their 2022 work, focusing on tobacco regulation, warning manufacturers, and protecting minors.

Author/ Zheng Jiayu and Zhu Hongxu


On January 31st, Brian King, director of the Center for Tobacco Products (CTP) at the U.S. Food and Drug Administration (FDA), released a public letter summarizing the department's 2022 work and outlining their plans for 2023. In the letter, King reflected on the progress made in 2022 and provided insight for industry professionals. 2FIRSTS has compiled a summary of the FDA's 2022 work for reference.


Application for review prior to listing.


By September 9th, 2020, the FDA received nearly 6.7 million applications for electronic cigarette products and has completed the review process for 99% of them, rendering decisions. Only 23 tobacco flavored electronic cigarette products have been authorized, with 20 of them being authorized in 2022.


Furthermore, since April 2022, the FDA has received nearly one million applications for non-tobacco nicotine products, with the majority being for electronic cigarettes and vaping liquids. This is due to a new law passed by the US Congress in April 2022 which clarifies that the FDA has the authority to regulate any non-tobacco product containing nicotine or synthetic nicotine.


List of Authorized Pre-Market Products for 2021 that Passed PMTA Review | Source: FDA


List of products approved through PMTA in 2021 | Source: FDA


Law enforcement accountability" or "holding people accountable under the law


Warning: Since April 2022 when the Congress granted the FDA authority to regulate non-tobacco nicotine products, the FDA has issued over 75 warning letters to manufacturers, including those popular among young people. The FDA has also issued over 585 warning letters to retailers selling non-tobacco nicotine products to minors.


Enforcement: In October 2022, the US Department of Justice, on behalf of the FDA, filed permanent injunctions against six electronic cigarette manufacturers in federal court. In these cases, the defendants failed to submit pre-market applications for their products and continued to operate illegally even after receiving warning letters and notices of violations from the FDA. These six cases are the first of their kind in the US and the defendants have been ordered to cease manufacturing, selling, and distributing their products. The six companies are: Morin Enterprises Inc., Soul Vapor LLC, SuperVape’z LLC, Vapor Craft LLC, Lucky’s Vape & Smoke Shop, Seditious Vapors LLC.


Teenagers Protection


The FDA issued its first warning letter for underage protection in August 2022, targeting VPR Brands LP for selling illegally flavored nicotine gummies containing Blueraz, Cherry Bomb, and Pineapple, without submitting a PMTA.


In November 2022, the FDA issued warning letters to five companies: Wizvapor, R and M Vapes, Quawins, Ruthless Vapor, and Moti Global. The warnings were issued due to undisclosed reasons.


The aforementioned company has sold products without submitting them to the PMTA and without authorization.


The packaging is designed to resemble toys (such as Nintendo game consoles, walkie-talkies, glow sticks, etc.) and food items (such as popsicles), with images of characters from movies, animation, and games to attract young people (such as The Simpsons, Splatoon, Minions, etc.).


Market education


In June 2022, the FDA launched a youth e-cigarette prevention campaign called "The Next Legend," aimed at educating underage Americans about the dangers of using e-cigarettes.


The FDA has also launched an electronic cigarette prevention and education center, which provides tools for educators to prevent and reduce the use of electronic cigarettes among middle and high school students. These tools can be used to have open conversations with students about using e-cigarettes.


The FDA has developed a series of free smoking cessation materials for adults, based on research into tobacco and non-tobacco product users. These materials aim to encourage adults to break their dependency on nicotine.


Enforcement hits a snag as items are disposed of in a state of regulatory limbo.


In 2022, the FDA and Department of Justice (DOJ) carried out multiple enforcement actions, representing the formal execution of regulations and putting an end to the lack of enforcement seen in 2021. This also means that any products not authorized through PMTA are now at risk of being charged at any time.


In light of the specific warnings from the FDA and the DOJ's prosecution, it has been noted that disposable e-cigarettes have not been included in the FDA's flavor ban regulations (which apply only to open and refillable systems). As such, they have not been used as evidence in warnings or prosecutions, nor have they been intentionally singled out for mention.


Protecting minors: The red line should not be crossed.


Teenage protection is the bottom line of "political correctness" regulated by the FDA and is set to become even stricter in the electronic cigarette industry, which is popular among young people. The marketing strategies of fast-moving consumer goods that use movie, television, and animation themes to attract customers will soon disappear from the American electronic cigarette market.


Considering the extremely slow review speed and limited authorization quantity of PMTA by the FDA, a large portion of the electronic cigarette market in the United States still belongs to the gray market. Therefore, the expansion of various electronic cigarette brands in the United States may depend more on state governments and state legislatures' legislation and regulation of electronic cigarettes. As a federal agency, the FDA can require state governments to cooperate with law enforcement in maintaining public health and safety under federal law.


FDA Public Education Public Service Advertisement | Source: FDA



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

As JUUL2 Wins FDA Authorization, Harm Reduction Journal Highlights the Role of Real-World Evidence in Nicotine Product Regulation
As JUUL2 Wins FDA Authorization, Harm Reduction Journal Highlights the Role of Real-World Evidence in Nicotine Product Regulation
A commentary published in the international open-access, peer-reviewed Harm Reduction Journal argues that randomized controlled trials remain central to evaluating smoking cessation efficacy but cannot alone capture real-world uptake, complete switching, longer-term use and population impact of non-combustible nicotine products such as e-cigarettes, heated tobacco and nicotine pouches. The authors frame impact as “reach × efficacy” and call for real-world evidence to complement RCTs. Three days after publication, the FDA authorized three JUUL2 products and highlighted complete switching among adult smokers in explaining its decision, providing a timely regulatory backdrop to the debate.
Sep.08
Earnings Analysis | CTIHK H1 2026 Revenue Falls 26.9% as Core Businesses Diverge and New Growth Drivers Remain to Be Proven
Earnings Analysis | CTIHK H1 2026 Revenue Falls 26.9% as Core Businesses Diverge and New Growth Drivers Remain to Be Proven
China Tobacco International (HK) reported a 26.9% revenue decline in H1 2026, while gross profit fell only 9.5%, revealing sharp divergence across its businesses. Tobacco leaf imports contracted, while leaf exports and Brazil operations expanded strongly. Cigarette exports faced China duty-free market transition, and new tobacco products remained small. Meanwhile, CTIHK continues to strengthen its role as an investment and financing platform, though major external deals have yet to emerge. 2Firsts examines what these shifts mean for its next growth drivers.
Capital Markets
Aug.24
Malaysia Police Seize RM12.7 Million in Illegal Vapes and Cigarettes as Probe Points to Sea Shipments From China
Malaysia Police Seize RM12.7 Million in Illegal Vapes and Cigarettes as Probe Points to Sea Shipments From China
Police in Malaysia’s Selangor state seized illegal vape products and contraband cigarettes worth about RM12.7 million (approximately $3 million) in two enforcement operations. According to New Straits Times and The Star, the vape-related operation uncovered 131,036 boxes of vape products, 4,900 bottles of e-liquid and 25,510 vape devices, valued at about RM9.4 million. Police said preliminary investigations indicated that some illegal vape products entered Malaysia through sea shipments from China before moving through storage and distribution networks.
Aug.10
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia’s withdrawal of its appeal in a landmark liquid-nicotine case has left a High Court ruling that struck down the 2023 nicotine exemption in force, bringing liquid and gel nicotine used in vaping products back under the Poisons Act 1952. At the same time, the Control of Smoking Products for Public Health Act 2024 continues to provide a regulatory framework for vaping products, creating uncertainty over retail sales, taxation and existing inventory. MPs are calling for nicotine vape sales and excise collection to stop, including refunds of more than RM354 million collected since 2023, while industry and consumer groups are asking the government to clarify the current legal position.
Sep.04
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
Following recent FDA authorizations for JUUL2 and ZYN ULTRA, 2Firsts Compliance Solutions held an online PMTA briefing on Sept. 4 to examine what the decisions may signal about review efficiency, scientific evidence and U.S. market access. Nearly 30 participants from brands, manufacturers, compliance service providers and investment firms joined the discussion.
2Firsts Events
Sep.06
JUUL Purchasers Ask Ninth Circuit to Preserve Antitrust Classes in Case Over Altria’s $12.8 Billion Investment
JUUL Purchasers Ask Ninth Circuit to Preserve Antitrust Classes in Case Over Altria’s $12.8 Billion Investment
Private antitrust litigation stemming from Altria's 2018 $12.8 billion investment for a 35% economic interest in JUUL is advancing before the U.S. Court of Appeals for the Ninth Circuit. Direct purchasers, indirect purchasers and indirect resellers of JUUL products filed answering briefs this week seeking to preserve class certifications granted by a California federal court in February. Altria and JUUL argue that individual consumers and large distributors differ too much in purchasing terms to remain in a single direct-purchaser class, while a separate dispute concerns whether California antitrust law can apply to indirect purchasers across 27 jurisdictions. A September trial has been put on hold during the appeal.
Sep.23