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.


This document has been generated through artificial intelligence translation and is provided solely for the purposes of industry discourse and learning. Please note that the intellectual property rights of the content belong to the original media source or author. Owing to certain limitations in the translation process, there may be discrepancies between the translated text and the original content. We recommend referring to the original source for complete accuracy. In case of any inaccuracies, we invite you to reach out to us with corrections. If you believe any content has infringed upon your rights, please contact us immediately for its removal.

FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary resigned on May 12 after opposing the Trump administration’s push to authorize fruit-flavored vaping products, according to reporting by The New York Times. Makary reportedly objected over concerns that flavored vapes could attract young people and refused to support broader approvals.
News
May.13
Thailand’s Bangkok Port Customs Reports E-Cigarette and Nitrous Oxide Seizure Worth More Than THB 27 Million
Thailand’s Bangkok Port Customs Reports E-Cigarette and Nitrous Oxide Seizure Worth More Than THB 27 Million
Bangkok Port Customs on April 28 announced the seizure of 52,000 complete e-cigarettes, 100 gallons of e-liquid and 126,226 canisters of nitrous oxide, with total economic damage exceeding THB 27 million, or about USD 831,178 based on an April 28 USD/THB rate of 32.484. The e-cigarette and e-liquid shipment was valued at THB 5.56 million, or about USD 171,161, while the nitrous oxide shipment was valued at THB 21.27 million, or about USD 654,784.
Apr.29 by 2FIRSTS.ai
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS submitted a comment letter to USTR in a proceeding examining unfair trade practices worldwide. The letter focuses on illicit nicotine products made in China and shipped to the United States in violation of U.S. law. NACS said the U.S. electronic nicotine delivery systems market has become dominated by illicit products, mainly disposable e-cigarettes manufactured in China and sold without the marketing authorization required by the U.S. Food and Drug Administration.
Apr.16 by 2FIRSTS.ai
STMA Issues Trial Credit Management Rules for E-Cigarette Manufacturers and Wholesalers
STMA Issues Trial Credit Management Rules for E-Cigarette Manufacturers and Wholesalers
Mar.26 by 2FIRSTS.ai
2Firsts Hosts UK Vape Duty Stamp Compliance Exchange in Shenzhen
2Firsts Hosts UK Vape Duty Stamp Compliance Exchange in Shenzhen
2Firsts held a UK vape duty stamp compliance exchange in Shenzhen on May 14, bringing together representatives from nearly 20 companies. The session addressed Vaping Products Duty, duty stamp applications, UK agency qualifications and warehousing, while introducing 2Firsts Compliance Solutions’ UK service.
Events
May.17
State Attorneys General Urge Visa, Mastercard and Others to Stop Processing Illicit E-Cigarette Transactions
State Attorneys General Urge Visa, Mastercard and Others to Stop Processing Illicit E-Cigarette Transactions
Fourteen U.S. state attorneys general sent a joint letter dated April 14, 2026 to Visa, Mastercard, American Express and Discover, asking them to immediately help stop the sale of illicit e-cigarette products by cutting off payment access.
Apr.17 by 2FIRSTS.ai