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.

FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
The U.S. Food and Drug Administration (FDA) announced on May 5, 2026 that it authorized the marketing of four Glas electronic nicotine delivery system (ENDS) products through the premarket tobacco product application (PMTA) pathway. The authorized products are Classic Menthol, Fresh Menthol, Gold and Sapphire pods, each containing 50mg/ml, or 5%, tobacco-derived nicotine.
May.06 by 2FIRSTS.ai
From Brands to Supply Chains: 2Firsts Builds a PMTA Compliance Service System for the U.S. Market
From Brands to Supply Chains: 2Firsts Builds a PMTA Compliance Service System for the U.S. Market
2Firsts supports new tobacco and nicotine companies entering the U.S. market with full-chain PMTA compliance services.
Jun.04
U.S. Senator Durbin Criticizes FDA’s First Flavored Vape Authorization, Says Trump Administration Conceded to Big Tobacco
U.S. Senator Durbin Criticizes FDA’s First Flavored Vape Authorization, Says Trump Administration Conceded to Big Tobacco
U.S. Senator Dick Durbin on May 13 criticized the Trump Administration’s Food and Drug Administration for approving the sale and marketing of fruit-flavored e-cigarettes for the first time, while also allowing some illegal vaping products to remain on the market. He also linked the regulatory shift to the departure of FDA Commissioner Marty Makary, saying White House pressure on regulators to approve tobacco product applications could create serious public-health consequences.
Regulations
May.15
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
CBP and FDA Seize 18 Million Illegal Vapes Worth $175 Million in Maritime Cargo Operation
U.S. Customs and Border Protection (CBP) announced that more than 18 million illegal e-cigarettes valued at over $175 million were seized during “Operation Red Mist,” a joint enforcement initiative involving the U.S. Coast Guard and the FDA. The operation primarily targeted maritime vape shipments originating from China and focused on combating illicit importation, transportation, and distribution activities.
Regulations
May.14
From Heating Blades to Heating Paper? CTHB Patent Points to Microwave Heated Tobacco Design
From Heating Blades to Heating Paper? CTHB Patent Points to Microwave Heated Tobacco Design
According to China’s patent office records, a patent owned by China Tobacco Hubei Industrial Corporation (CTHB) for “cigarette paper and a cigarette for microwave heating” was granted on May 19, 2026. The patent describes cigarette paper with an outer wrapping layer, a heating layer, and an isolation heat-conducting layer, allowing it to absorb microwave energy, convert it to heat, and transfer that heat to the aerosol-generating substrate.
Jun.10
 NYT: Reynolds American Donated $5 Million Before FDA Vape Policy Shift
NYT: Reynolds American Donated $5 Million Before FDA Vape Policy Shift
According to The New York Times, Reynolds American donated $5 million to a Trump-backed super PAC shortly before the FDA introduced a new policy that could benefit major tobacco companies seeking to sell flavored vaping products.
News
May.21