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

The new regulations on nicotine in Argentina are creating caution, expectations, and doubts about the market, according to a local reference in harm reduction for smoking.
The new regulations on nicotine in Argentina are creating caution, expectations, and doubts about the market, according to a local reference in harm reduction for smoking.
The new Argentine framework for tobacco and nicotine marks a shift from prohibition towards registration, traceability, and health surveillance. Juan Facundo Teme told 2Firsts that adult consumers and some of the commercial sector are cautiously optimistic, although concerns remain about flavors, registration costs, and market access.
May.11
Nicokick and zone Extend NASCAR Collaboration for April 19 Kansas City Race
Nicokick and zone Extend NASCAR Collaboration for April 19 Kansas City Race
Nicokick.com said it will continue its collaboration with zone for a second year at the April 19 NASCAR race in Kansas City, appearing on Richard Childress Racing’s No. 8 Chevrolet driven by Kyle Busch. The 2026 race-weekend campaign for verified adult nicotine consumers aged 21 and older includes the exclusive launch of zone Cranberry and a limited-edition five-flavor mix pack selected by Busch.
Apr.16 by 2FIRSTS.ai
Russian Public Group Seeks Website Restrictions on Remote Vape and Nicotine Sales
Russian Public Group Seeks Website Restrictions on Remote Vape and Nicotine Sales
Russian public movement “Healthy Fatherland,” has proposed blocking access in Russia to online resources that sell vapes and nicotine-containing products remotely.
Apr.15 by 2FIRSTS.ai
EU Novel Tobacco Regulation Trends and Business Response | Guest Contribution by a European Legal and Compliance Expert
EU Novel Tobacco Regulation Trends and Business Response | Guest Contribution by a European Legal and Compliance Expert
Carlos Cabrera, founder of CabLab Law & Advocacy, contributes this article to 2Firsts, arguing that the EU’s evolving approach to novel tobacco regulation may unintentionally reinforce cigarette use by narrowing alternatives. He warns companies to watch signals on flavours, labelling, traceability, nicotine pouch rules and digital marketing, while grounding business decisions in realistic timelines, compliance planning and continuous monitoring.
Apr.22
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
2Firsts has noted that Geek Bar has added BURJ to its official product portfolio under the E-HOOKAH category. Public information shows that BURJ 80K is a hookah-style disposable vape featuring a 25ml e-liquid capacity, a 1500mAh battery, 0.4Ω dual coils and three operating modes: ECO, Regular and Pulse. According to publicly available product information, the device is rated for up to 80,000 puffs in ECO mode and uses a nicotine strength of 0.5% (5mg/ml).
Market
May.29
AIR Expects to Complete CAEP Business Combination in Q2 2026 and List on Nasdaq
AIR Expects to Complete CAEP Business Combination in Q2 2026 and List on Nasdaq
AIR Limited and Cantor Equity Partners III announced that the F-4 registration statement related to their proposed business combination was declared effective by the U.S. Securities and Exchange Commission on April 22, 2026. Under the arrangement first announced on Nov. 7, 2025, the combined company, AIR Global PLC, is intended to list on Nasdaq in the United States under the ticker “AIIR.”
Apr.24 by 2FIRSTS.ai