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.

Reynolds Appeals ITC Defeat in Disposable Vape Section 337 Case to U.S. Federal Circuit
Reynolds Appeals ITC Defeat in Disposable Vape Section 337 Case to U.S. Federal Circuit
On March 13, 2026, R.J. Reynolds and related companies filed an appeal with the U.S. Court of Appeals for the Federal Circuit, seeking review of the U.S. International Trade Commission’s final ruling in the disposable vape Section 337 investigation.
Mar.16 by 2FIRSTS.ai
Reynolds American launches U.S. investment plan: to invest $3.2 billion to expand capacity and advance a shift toward smokeless products
Reynolds American launches U.S. investment plan: to invest $3.2 billion to expand capacity and advance a shift toward smokeless products
Reynolds American says it will invest more than $3.2 billion across its U.S. operations by 2030. The investment began in 2024 and is expected to support more than 2,000 direct and indirect jobs. The company says the plan covers modernization and expansion of manufacturing facilities, scaling innovation and production, supply-chain initiatives and employee training, and also references its R&D spending and related site footprint.
Mar.06 by 2FIRSTS.ai
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
During the “Toxicological Profile” session at FDA’s Feb 10 PMTA roundtable, officials outlined the carcinogenicity tiering system and Excess Lifetime Cancer Risk (ELCR) framework used in ENDS reviews under the APPH standard. Small manufacturers questioned database transparency, exposure assumptions, and the existence of clear compliance benchmarks. FDA reiterated toxicological risk is assessed case by case within a broader population-level determination.
Feb.11
Kuwait Bans Sale of Tobacco and E-Cigarette Products Through Delivery Platforms
Kuwait Bans Sale of Tobacco and E-Cigarette Products Through Delivery Platforms
Kuwait’s Minister of Commerce and Industry Osama Boodai has issued a decision banning the sale of tobacco, tobacco derivatives, all types of cigarettes, electronic cigarettes, and related tools, devices and accessories through delivery platforms or similar digital channels.
Mar.16 by 2FIRSTS.ai
Peru Parliament Considers Imposing up to 100% Tax on E-Cigarettes
Peru Parliament Considers Imposing up to 100% Tax on E-Cigarettes
Peru Parliament discusses bill to impose up to 100% tax on e-cigarettes, citing public health concerns. Youth usage at 15.9%.
Mar.20 by 2FIRSTS.ai
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