Senate Urges FDA Enforcement on Unauthorized E-Cigarette Sales Review

Regulations by 2FIRSTS.ai
May.08.2024
Senate Urges FDA Enforcement on Unauthorized E-Cigarette Sales Review
Senate Judiciary Committee Chairman Dick Durbin urges FDA to enforce court order on unauthorized e-cigarette sales, seeks officials to testify.

According to a report from Courthouse News on May 7th, Dick Durbin, Chairman of the Senate Judiciary Committee, has urged the Food and Drug Administration (FDA) to enforce court orders for the review of unauthorized e-cigarette products being sold in the United States.

 

Dobbs criticized the agency in a letter in January, accusing them of "handing out free passes to dozens of e-cigarette products that harm the health of our country's children." Now, the spokesperson is working to bring FDA officials before Congress.

 

On Tuesday, he requested in a letter that Brian King, the director of the Center for Tobacco Products at the agency, and Brian Boynton, the chief Deputy Assistant Attorney General for the Civil Division of the Department of Justice, testify before the Senate Judiciary Committee. He specifically stated that the federal law enforcement agencies' task is to assist the FDA in enforcing violations of the Tobacco Control Act, including the marketing practices of e-cigarette manufacturers. That same day, Durbin took to Twitter to criticize the FDA for its lax enforcement of the e-cigarette market.

 

Despite the court setting a final deadline, the FDA continues to neglect its responsibility to mandate the removal of e-cigarette products from store shelves, as these products have failed to prove they are "appropriate for protecting public health.

 

In April, Dobin met with the two officials at a private meeting to discuss enforcement issues regarding unauthorized e-cigarettes. If the officials agree to testify publicly, the Judiciary Committee will hold a hearing in June.

 

The spokesperson for the FDA has not responded immediately to whether they will cooperate with this accusation.

 

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

Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
The Texas Comptroller of Public Accounts ruled in September 2026 that a combustible product made with non-tobacco plant material and 6-methylnicotine (6-MN), a synthetic nicotine analog, qualifies as a taxable tobacco product. The applicant said the product contained neither tobacco leaf nor measurable conventional nicotine. The determination applies reasoning from a May Texas Supreme Court decision involving VELO nicotine pouches, finding that the plant material and 6-MN together perform the functions of tobacco in a conventional smoking product. The ruling carries applicable tax, licensing and reporting obligations but is limited to the facts submitted by the taxpayer. It does not establish a blanket tax classification for all 6-MN products or extend the same conclusion to e-cigarettes.
Regulations
Nov.06
How Investors Are Repricing the Global Tobacco Industry as Nicotine Markets Shift
How Investors Are Repricing the Global Tobacco Industry as Nicotine Markets Shift
How are investors reassessing the global tobacco industry as nicotine markets evolve? In an interview with 2Firsts, Charlie Chen, Head of Research at CCB International Securities, forecasts annual growth of 30–50% for nicotine pouches, outpacing vaping and heated tobacco. He examines how regulatory enforcement, shifting market shares and new business models are influencing company valuations. The report also explores differences between multinational tobacco groups and Chinese companies, drawing on insights from the New Approaches Summit on profitability, investment strategies and industry consolidation.
Nov.11
UK HMRC Launches Vape Duty Stamps on October 1, Ushering in Supply-Chain Traceability as Chinese Exporters Face New Compliance Hurdles
UK HMRC Launches Vape Duty Stamps on October 1, Ushering in Supply-Chain Traceability as Chinese Exporters Face New Compliance Hurdles
HM Revenue & Customs put the UK's Vaping Products Duty and Vaping Duty Stamps Scheme into effect on October 1. All vaping liquids manufactured in or imported into the UK are now subject to duty at £2.20 per 10ml, regardless of nicotine content. The stamp regime will introduce digital functionality designed to provide traceability throughout the supply chain, with approved manufacturers, importers and warehousekeepers required to report product movements and retailers and consumers eventually able to scan stamps to verify authenticity. China exported $177 million of vape-related products to the UK in August, up 51.4% year over year, increasing the significance of the new compliance regime for China's Shenzhen-centered vape supply chain.
Regulations
Oct.04
Product | BAT Revises Japan's VELO Convenience Store Lineup, Adding ¥380 Mango Pouches as Selected SKUs Exit
Product | BAT Revises Japan's VELO Convenience Store Lineup, Adding ¥380 Mango Pouches as Selected SKUs Exit
British American Tobacco's Japanese subsidiary, BAT Japan, launched VELO Mango Ice Medium on November 2, 2026, with distribution expanding to selected 7-Eleven, FamilyMart, NewDays and Seicomart stores from November 3. The new oral tobacco product contains 15 pouches per can and retails for ¥380, featuring a mango and cooling flavor profile at Medium intensity. At the same time, BAT Japan raised prices on multiple existing VELO products from ¥360 to ¥380 per can and withdrew selected SKUs from convenience store distribution without discontinuing them entirely. The changes affect product assortment, pricing and retail channel allocation.
product
Nov.04
FDA Unifies Tobacco Registration and Product Listing Form Across Product Categories
FDA Unifies Tobacco Registration and Product Listing Form Across Product Categories
The U.S. FDA has consolidated two tobacco establishment registration and product listing forms into a redesigned Form FDA 3741 covering all regulated product categories, including e-cigarettes, heated tobacco products and nicotine pouches. The current requirements remain limited to domestic establishments. Separately, the FDA has proposed extending registration and product listing requirements to foreign manufacturers, signaling greater regulatory attention to manufacturing entities and product-level information across the tobacco and nicotine supply chain.
FDA
Sep.30
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board has endorsed Health Minister Dzulkefly Ahmad's proposal to exempt liquid nicotine used in vaping products from the Poisons List, according to a November 2, 2026, report by CodeBlue. The Board unanimously opposed a similar proposal in 2023, but the government proceeded with the exemption. The Kuala Lumpur High Court invalidated the 2023 decision in May 2026, and the government withdrew its appeal in August. No new ministerial order has been published. The development raises questions about the interaction between Malaysia's two regulatory frameworks and the treatment of RM354.51 million in excise duties collected on e-cigarette and vape products between May 2023 and June 11, 2026.
Regulations
Nov.03