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.

Two Taunton Shops Closed After Seizure of Illegal Tobacco and Vapes
Two Taunton Shops Closed After Seizure of Illegal Tobacco and Vapes
Two shops in Taunton have been ordered to close for three months after authorities found illegal tobacco and vape products worth around £50,000. The seizures followed joint operations involving Trading Standards officers, police and tobacco detection dogs. Magistrates ruled that closing the premises was necessary to prevent further criminal activity.
Dec.23 by 2FIRSTS.ai
U.S. Fifth Circuit judges question FDA’s claim it has no de facto ban on flavored refillable e-cigarettes
U.S. Fifth Circuit judges question FDA’s claim it has no de facto ban on flavored refillable e-cigarettes
Law360 reports that a Fifth Circuit panel expressed skepticism about the FDA’s claim that it has no de facto ban on flavored refillable e-cigarette products, noting that only six applications had been approved out of hundreds of thousands and that near-100% denials look like a ban.
Jan.07 by 2FIRSTS.ai
China’s Nov. Vape Exports to U.S. Hold at $549 Million, Sustaining High After October’s $591 Million Peak
China’s Nov. Vape Exports to U.S. Hold at $549 Million, Sustaining High After October’s $591 Million Peak
China’s Nov. vape exports to the U.S. held at $549 million, following October’s $591 million record. 2025 YTD exports reached $3.72 billion, officially eclipsing 2024’s full-year total. This $1.14 billion 60-day surge signals a critical inventory overhang, heightening financial and regulatory risks for manufacturers.
Dec.22
Breaking News | China’s Premier Li Qiang Issues Rare Directive to Crack Down on Illicit Tobacco Activities
Breaking News | China’s Premier Li Qiang Issues Rare Directive to Crack Down on Illicit Tobacco Activities
Based on combined reporting from Xinhua and Xinwen Lianbo, 2Firsts reports that Chinese Premier Li Qiang has issued a rare directive at a State Council executive meeting to launch comprehensive, full-chain enforcement against illicit tobacco activities.
News
Dec.05
BAT Expects Around 2% Revenue and Operating Profit Growth in FY25
BAT Expects Around 2% Revenue and Operating Profit Growth in FY25
British American Tobacco (BAT) reaffirmed its 2026 guidance while announcing a £1.3 billion (approximately USD 1.65 billion) share buyback for FY26. The company expects around 2% growth in revenue and adjusted profit from operations for FY25. Accelerating New Category growth, driven by Velo Plus and improving U.S. Vuse performance, is expected to deliver double-digit H2 revenue growth.
Dec.09 by 2FIRSTS.ai
Russia Plans to Allow Regional Vape Sales Bans from September 2026
Russia Plans to Allow Regional Vape Sales Bans from September 2026
Russia’s Ministry of Finance (Минфин) has drafted amendments to an existing licensing bill that would grant regional authorities the power to ban retail sales of vapes and nicotine liquids from September 1, 2026, to September 1, 2031, RBC reported. Stores violating the ban would lose their tobacco retail licenses.
Nov.19 by 2FIRSTS.ai