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.

Ireland Vape Retailers’ Group RVI Calls for Tax Stamps to Strengthen Enforcement of Vape Products Tax
Ireland Vape Retailers’ Group RVI Calls for Tax Stamps to Strengthen Enforcement of Vape Products Tax
Responsible Vaping Ireland (RVI), an Irish vape retailers’ group, has released a policy paper urging Ireland to swiftly introduce Revenue-issued tax stamps on vaping products to strengthen enforcement of the E-Liquid Products Tax (EPT) and to tackle tax evasion and the illicit market. Provisional Department of Finance figures show €1.3 million collected in November and December 2025; at that pace, annualised receipts would be €7.8 million, below the government’s projected €17 million.
Feb.26 by 2FIRSTS.ai
Russia proposes extending voluntary labeling pilot for reusable e-cigarettes to Aug. 31, 2026
Russia proposes extending voluntary labeling pilot for reusable e-cigarettes to Aug. 31, 2026
Russia’s Ministry of Industry and Trade has proposed extending a voluntary labeling pilot covering reusable e-cigarettes and similar personal electric vaporizing devices until August 31, 2026. A draft government decree has been published on the unified portal for posting drafts of normative legal acts.
Jan.22 by 2FIRSTS.ai
Canada: “I Want My Pouches” launches during National Non-Smoking Week to push easier adult access to nicotine pouches
Canada: “I Want My Pouches” launches during National Non-Smoking Week to push easier adult access to nicotine pouches
Canadian consumer advocacy group I Want My Pouches announced its launch during National Non-Smoking Week, calling for straightforward, consistent and practical adult access to nicotine pouches.
Jan.22 by 2FIRSTS.ai
South Korea’s appeal court again sides with KT&G, Philip Morris Korea and BAT Korea in $36.24 million case
South Korea’s appeal court again sides with KT&G, Philip Morris Korea and BAT Korea in $36.24 million case
South Korea’s National Health Insurance Service (NHIS) has again lost on appeal in its damages lawsuit against KT&G, Philip Morris Korea and BAT Korea, seeking ₩53.3 billion (about $36.244 million).
Jan.15 by 2FIRSTS.ai
Exclusive | EU Confirms End of Tobacco Policy Expert Group, Explores New Cooperation Structures as TPD Revision Continues
Exclusive | EU Confirms End of Tobacco Policy Expert Group, Explores New Cooperation Structures as TPD Revision Continues
2Firsts reporting shows that, as the European Union moves toward a future evaluation of its tobacco legislation, the Tobacco Policy Expert Group—long a key platform for coordination among Member States—formally concluded its mandate at the end of 2025. At the same time, the European Commission is exploring new cooperation structures to address the resulting institutional gap.
Jan.22
Oregon Senate Passes Bill to Regulate Nicotine Pouches as Tobacco Products
Oregon Senate Passes Bill to Regulate Nicotine Pouches as Tobacco Products
The Oregon Senate voted 26–1 to pass Senate Bill 1571, a measure redefining tobacco products to include nicotine pouches and restricting their sale to individuals under 21.
Regulations
Feb.23