US Appeal Court upholds FDA's authority over e-cigarettes

Sep.09.2022
US Appeal Court upholds FDA's authority over e-cigarettes
A US appeals court upheld the FDA's authority over e-cigarette products in a case brought by Prohibition Juice.

According to a report by ECigIntelligence, a United States appeals court has upheld the Food and Drug Administration's authority over electronic cigarette products in a case that challenged a marketing denial order.


Prohibition Juice, headquartered in New York, has raised objections to the MDO, claiming that the organization lacks legal authority to consider the relative effectiveness of a product in promoting the cessation of use of combustible cigarettes compared to another product with similar health risk features and labeling.


The US Circuit Court of Appeals for the District of Columbia has ruled that the Food and Drug Administration (FDA) has the power to determine if a product is suitable for protecting public health under the Tobacco Control Act. This means that applicants must provide all information related to the investigation, as well as assess the health risks of the product and evaluate if it carries less risk than other products.


Statement


This article is compiled from third-party information and is for industry communication and learning purposes only.


This article does not represent the views of 2FIRSTS and 2FIRSTS cannot confirm the authenticity and accuracy of the article's content. The compilation of this article is for industry exchange and research purposes only.


Due to limitations in our ability to accurately translate, the compiled article may not fully reflect the original text. Please refer to the original text for accuracy.


2FIRSTS maintains complete alignment with the Chinese government on any domestic, Hong Kong, Macau, Taiwan, and foreign-related statements and positions.


The copyright of compiled information belongs to the original media and author. If there is any infringement, please contact us for deletion.



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.

Hunan China Tobacco Industry files heated tobacco device patent featuring adult-user identification through pressure sensing
Hunan China Tobacco Industry files heated tobacco device patent featuring adult-user identification through pressure sensing
China-based Hunan China Tobacco Industry Co., Ltd. and Shenzhen Baisha Technology Co., Ltd. have filed a patent application covering an adult-user identification mechanism for heated tobacco devices. The patent proposes using flexible pressure sensors installed in the device grip area to collect pressure distribution patterns generated when users hold the device. The system evaluates factors including effective contact area, grip shape and contact duration, and combines roller movement detection to determine whether unlocking conditions are met. The filing reflects exploration of device-level user recognition and smarter interaction technologies for heated tobacco products (HTPs).
Aug.05
China’s Zhengzhou Tobacco Research Institute develops end-to-end heated tobacco analysis to trace aerosol compound origins
China’s Zhengzhou Tobacco Research Institute develops end-to-end heated tobacco analysis to trace aerosol compound origins
The Zhengzhou Tobacco Research Institute of China National Tobacco Corporation has filed a patent application for an end-to-end method to analyze the migration and transformation of chemical compounds in heated tobacco products. Using GC-Orbitrap/MS non-targeted analysis, the method compares tobacco substrate and aerosol samples to distinguish compounds transferred directly from the substrate from those newly formed during heating, while also calculating transfer rates. In an example involving nine heated tobacco products, the patent identified 17 newly formed thermal decomposition compounds and 38 transferred compounds.
Aug.13
InterTabac 2026: Further Sessions on Regulation, Market Access and Innovation Confirmed; 2FIRSTS to Host China Market Forum
InterTabac 2026: Further Sessions on Regulation, Market Access and Innovation Confirmed; 2FIRSTS to Host China Market Forum
InterTabac 2026 will bring together international experts to discuss European regulation, tax policy, Track & Trace, market access, retail impacts, consumer behavior and innovation. Sessions will also examine Poland’s tobacco-growing perspective and the growing fragmentation of Europe’s tobacco and nicotine market. Media partner 2FIRSTS will host the second “2FIRSTS Connect at InterTabac” on September 16, focusing on developments in China’s tobacco and nicotine industry.
Aug.06
U.S. Appeals Court Says BAT Must Face Class Action Over Cigarette Labels
U.S. Appeals Court Says BAT Must Face Class Action Over Cigarette Labels
A U.S. appeals court ruled that British American Tobacco (BAT) must continue facing a consumer class action lawsuit over cigarette labels. The ruling allows the case to proceed but does not determine that BAT violated the law or is liable for damages. The case highlights ongoing legal risks facing major tobacco companies related to product labeling, consumer disclosures and product liability claims.
Jul.31
Product | IVG Launches NEXiO Prefilled Pod System, Expanding Beyond Disposable Vapes
Product | IVG Launches NEXiO Prefilled Pod System, Expanding Beyond Disposable Vapes
UK vape brand IVG has launched the NEXiO reusable prefilled pod system, expanding its product portfolio beyond disposable vape products. The device features a 1,000mAh rechargeable battery, prefilled pods with a refill reservoir structure and a claimed capacity of up to 10,000 puffs. Officially launched in the UK on July 9, 2026, NEXiO debuted with 17 flavor options, reflecting IVG’s move into reusable pod formats.
Aug.19
FDA Tobacco Proposal Signals Full-Chain Compliance Test for Global E-Cigarette Supply Chains
FDA Tobacco Proposal Signals Full-Chain Compliance Test for Global E-Cigarette Supply Chains
FDA’s proposed foreign tobacco establishment registration and product listing rule remains unfinished, but Accorto told 2Firsts it reflects a shift toward structured oversight similar to medical device and pharmaceutical compliance frameworks. For Chinese and global e-cigarette suppliers, U.S. market access is moving beyond product authorization toward full-chain compliance covering manufacturing, documentation, import control, distribution, retail and marketing discipline.
Special Report
Jul.09