Federal Appeals Court Orders FDA to Reconsider E-Cigarette Marketing Ban

Regulations by 2FIRSTS.ai
Jan.05.2024
Federal Appeals Court Orders FDA to Reconsider E-Cigarette Marketing Ban
US appeals court orders FDA to reconsider ban on e-cigarette flavor marketing plans, overturning previous decision made in July 2022.

Reuters reported on January 3rd that the Federal Appeals Court ordered the U.S. Food and Drug Administration (FDA) to reconsider its decision to ban the marketing plans of two e-cigarette e-liquid manufacturers.

 

The decision was made by a court based in New Orleans, with 5 out of 9 judges voting to overturn the ban that was imposed in July 2022.

 

The court, led by Judge Andrew Oldham, appointed by former Republican President Donald Trump, has ruled in a majority vote that the FDA requested e-cigarette manufacturers to provide detailed marketing plans to prevent teenage abuse. However, they later rejected their marketing plans without conducting a review.

 

Oldham pointed out that this does not comply with the FDA's obligation to "hold businesses accountable.

 

The lawyers representing e-cigarette manufacturers, Triton Distribution Company and Vapetasia LLC, expressed satisfaction with the court's decision, hoping that it will prompt the FDA to provide clear instructions on how businesses should obtain marketing authorization.

 

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

Japan Tobacco’s Greece Subsidiary Posts $900 Million Revenue in 2024, Plans to Boost Ploom Market Expansion
Japan Tobacco’s Greece Subsidiary Posts $900 Million Revenue in 2024, Plans to Boost Ploom Market Expansion
Japan Tobacco International’s (JTI) Greece operations are projected to generate over €800 million (approximately $900 million) in revenue in 2024, with a net profit of €958,000 (about $1.11 million), marking a growth in market share despite challenging conditions. JTI’s innovation is driving market expansion in Greece, with its Ploom products successfully entering the market.
Jul.18 by 2FIRSTS.ai
U.S Indiana House Fire Blamed on E-Cigarette
U.S Indiana House Fire Blamed on E-Cigarette
E-Cigarette Explosion Sparks House Fire in Fort Wayne, Indiana; No Injuries Reported. Environmental officials urge safe disposal of e-cigarettes and hold weekly recycling events.
Jul.22 by 2FIRSTS.ai
UK Nicotine Pouch Market Soars 95%, Emerging as a New Option for Vapers
UK Nicotine Pouch Market Soars 95%, Emerging as a New Option for Vapers
The UK nicotine pouch market grew by 95% in 2024, with 32% of users transitioning from e-cigarettes. Surveys show its main advantages are discretion, health perception, and social acceptance (78%), with most users aged 33 and above.
Jun.24 by 2FIRSTS.ai
Legal Commentary: FDA Approves JUUL Menthol E-Cigarettes and Releases Key Scientific Evaluation Criteria
Legal Commentary: FDA Approves JUUL Menthol E-Cigarettes and Releases Key Scientific Evaluation Criteria
2Firsts received a legal commentary from lawyer Zheng Mingwei’s team, analyzing the FDA’s approval of JUUL menthol e-cigarettes. The article outlines key scientific data, regulatory standards, and industry implications.
Jul.22
Philippine Vape Industry Observers: Market Entering a “Turbulent Phase” Amid Growing Uncertainty
Philippine Vape Industry Observers: Market Entering a “Turbulent Phase” Amid Growing Uncertainty
Since July, the Philippine NBI has stepped up its vape crackdown, reclassifying illegal sales from commercial to criminal offenses and seizing over PHP 44 million in products. Industry insider Lucas sees this as both a response to the black market and a political power struggle. With legal channels shrinking and illicit trade rising, the vape sector faces unprecedented turmoil.
Jul.10 by 2FIRSTS.ai
West Virginia’s Raleigh County Tightens E-Cigarette Rules with Strict Limits on Advertising and Store Locations
West Virginia’s Raleigh County Tightens E-Cigarette Rules with Strict Limits on Advertising and Store Locations
West Virginia’s Raleigh County has approved an ordinance imposing strict controls on vape shops, including licensing, advertising, and location limits. The county, the first in the state to regulate e-cigarettes alongside psychoactive substances, requires shops to obtain conditional use permits. Supporters hope to see similar measures adopted elsewhere.
Jul.18 by 2FIRSTS.ai