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.

PMI U.S. White Paper Calls for Greater Access to FDA-Authorized Smoke-Free Alternatives and Risk-Based Taxation
PMI U.S. White Paper Calls for Greater Access to FDA-Authorized Smoke-Free Alternatives and Risk-Based Taxation
PMI’s U.S. business released a white paper and cited a national online survey showing that 79.00% of Americans surveyed believe more should be done to reduce smoking-related harm. The paper calls on policymakers, public health authorities, and medical professionals to place cigarette smoking back at the center of public health priorities, and recommends broader access to FDA-authorized smoke-free alternatives, clearer nicotine risk communication, and risk-based taxation.
Apr.15 by 2FIRSTS.ai
FDA Tobacco Center Plans Faster Review Process for Certain Supplemental PMTAs
FDA Tobacco Center Plans Faster Review Process for Certain Supplemental PMTAs
FDA Center for Tobacco Products Acting Director Bret Koplow issued a statement on May 7 outlining new steps to accelerate tobacco product premarket application review. The statement said CTP reduced the backlog of applications by approximately 70% in 2025 and that there is no longer a queue for PMTAs pending acceptance review.
May.09 by 2FIRSTS.ai
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
2Firsts Data|China Vape Exports Sink to Three-Year April Low After Tax Rebate Ends, Falling to $694 Million
2Firsts Data|China Vape Exports Sink to Three-Year April Low After Tax Rebate Ends, Falling to $694 Million
China’s e-cigarette export value declined to $694 million in April 2026, marking the lowest April level in the past three years. The data is notable because April was the first full month after China removed export VAT rebates for certain e-cigarette products. Compared with April 2025, export value fell 20.9%; compared with April 2024, it was down 22.3%. Month-on-month, exports dropped 23.2% from March 2026.
Special Report
May.23
Philip Morris International Announces IQOS and Devialet Collaboration at Milan Design Week 2026
Philip Morris International Announces IQOS and Devialet Collaboration at Milan Design Week 2026
Philip Morris International announced on April 20 that IQOS has partnered with French acoustic engineering company Devialet to launch “Soundsorial Design” at Milan Design Week 2026. The collaboration includes an immersive exhibition and a limited-edition product set named “Soundsorial.” The exhibition will run from April 20 to April 27 at Opificio 31 in Milan.
Apr.22 by 2FIRSTS.ai
Kyrgyzstan Plans to Extend E-Cigarette Import Ban by Another Six Months
Kyrgyzstan Plans to Extend E-Cigarette Import Ban by Another Six Months
According to Kyrgyzstan’s Ministry of Economy, the government plans to extend the current ban on e-cigarette imports by another six months once the existing measure expires, with the new restriction set to take effect on July 10, 2026. The ban covers disposable e-cigarettes as well as nicotine-containing liquids for reusable systems.
Apr.17 by 2FIRSTS.ai