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.

KT&G Aims to Accelerate Launch of New Heated Tobacco Innovation Platform
KT&G Aims to Accelerate Launch of New Heated Tobacco Innovation Platform
KT&G Chief Executive Officer Bang Kyung-man said at the annual shareholders meeting on March 26 that although the company expects a challenging environment marked by stronger protectionism and a high exchange rate, it will continue on a stable growth path through strategic choice and focus.
Mar.26 by 2FIRSTS.ai
Italy Formally Submits Detailed Opinion to EU Obstructing Ireland's Disposable Vape Ban
Italy Formally Submits Detailed Opinion to EU Obstructing Ireland's Disposable Vape Ban
Italy's Ministry of Enterprises and Made in Italy has submitted a detailed opinion against Ireland's proposed "Public Health (Single Use Vapes) Bill 2025." Italy argued that the comprehensive ban on disposable vapes lacks scientific evidence, violates the EU principle of the free movement of goods, and conflicts with the existing Tobacco Products Directive.
Apr.10 by 2FIRSTS.ai
Korean Vape Retailers Warn of Possible Store Closures After New Tobacco Rules Take Effect
Korean Vape Retailers Warn of Possible Store Closures After New Tobacco Rules Take Effect
South Korea’s revised Tobacco Business Act will take effect on April 24, bringing synthetic nicotine liquid vapes into the legal definition of tobacco and subjecting both retailers and manufacturers to formal regulation.
Apr.13 by 2FIRSTS.ai
FEELM Releases Four Transparent Pod-Related Solutions for the TPD Market
FEELM Releases Four Transparent Pod-Related Solutions for the TPD Market
FEELM, a technology brand under Smoore, released four product solutions at an industry expo held in France, including OMNI POD MINI, OMNI POD MAX, TWINBREEZE, and CRYSBERG. The solutions are designed around TPD market needs and involve transparent pod design, leak-resistant structures, flavor performance, smart recognition, and different capacity configurations.
Apr.09 by 2FIRSTS.ai
Fifth Circuit Hears Challenge to FDA’s Standard for Reviewing Flavored Vape Applications
Fifth Circuit Hears Challenge to FDA’s Standard for Reviewing Flavored Vape Applications
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit heard oral arguments on Tuesday in a case brought by seven small vape-liquid companies challenging the Food and Drug Administration’s denial of marketing authorization for their flavored electronic nicotine products.
Apr.30 by 2FIRSTS.ai
BAT AGM Highlights Smokeless Strategy, AI Capability and Regulatory Engagement
BAT AGM Highlights Smokeless Strategy, AI Capability and Regulatory Engagement
BAT Chair Luc Jobin told shareholders at the company’s 2026 Annual General Meeting that BAT delivered on its plans in 2025 despite a challenging external environment, with the U.S. business returning to growth, smokeless consumers increasing by more than 15%, improved New Categories contribution, and GBP 6.3 billion returned to shareholders.
Apr.16 by 2FIRSTS.ai