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

Dalton, Georgia considers new licensing rules and caps for vape shops
Dalton, Georgia considers new licensing rules and caps for vape shops
Dalton, Georgia is weighing a proposal to require city licenses for vape shops, limit how many can operate within city limits, and impose a 1,000-foot buffer for new shops from schools and other community facilities. City officials say the ordinance would not eliminate existing vape shops outright, though some may be impacted if ownership changes or licenses expire.
Feb.05 by 2FIRSTS.ai
West Virginia Bill Seeks to Replace Per-mL Vape Liquid Tax With 50% Sales-Price Tax
West Virginia Bill Seeks to Replace Per-mL Vape Liquid Tax With 50% Sales-Price Tax
West Virginia proposes tax rate adjustments on e-cigarette devices and e-liquids, with penalties for late reporting. Effective from July 1, 2026.
Feb.02 by 2FIRSTS.ai
GEEKBAR Announces Restock on Social Media, Pulse and Pulse X Lines Back in Stock
GEEKBAR Announces Restock on Social Media, Pulse and Pulse X Lines Back in Stock
GEEKBAR has announced a new round of restocking across multiple overseas social media platforms, bringing its flagship Pulse and Pulse X product lines back on sale, with several previously hard-to-find flavors returning simultaneously, alongside the launch of the new Thermal Edition.
Dec.17 by 2FIRSTS.ai
Khmelnytskyi, Ukraine: counterfeit nicotine mixes and e-cigarette e-liquids seized, valued at over US$276,000
Khmelnytskyi, Ukraine: counterfeit nicotine mixes and e-cigarette e-liquids seized, valued at over US$276,000
According to UNN, law enforcement in Ukraine’s Khmelnytskyi region disrupted a group accused of selling illegally produced nicotine-containing mixtures and e-cigarette e-liquids without licenses or permits. The Prosecutor General’s Office said the overall value of the seized items exceeds UAH 12 million (about US$276,000). Motions were filed to arrest the seized property, and decisions are pending on necessary forensic examinations. (FX used: 1 UAH = US$0.023, as provided by the user.)
Jan.14 by 2FIRSTS.ai
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s Vape Excise Revenue Rises 7.38% in 2025 to $170.4M Amid Broader Tobacco Excise Decline
Indonesia’s customs data show vape (REL) excise revenue reached Rp 2.84 trillion in 2025 (≈$170.4 million), up 7.38% year over year. The gain came even as overall tobacco excise revenue declined. Minimum retail price benchmarks (HJE) for vape products rose in 2025, while excise rates remained unchanged from 2024; open-system e-liquids accounted for the largest share of revenue.
Jan.27 by 2FIRSTS.ai
Vape sellers sue to block Texas law banning e-liquids from China and other “foreign adversaries”
Vape sellers sue to block Texas law banning e-liquids from China and other “foreign adversaries”
A group of vape distributors and retailers has sued to block enforcement of a Texas law that criminalizes selling or marketing vape products containing e-liquids made wholly or partly in China or in countries designated as “foreign adversaries” by the U.S. Commerce Secretary. The plaintiffs argue the law violates the U.S. Constitution because only Congress may regulate foreign commerce.
Feb.03 by 2FIRSTS.ai