US House to Investigate FDA's Tobacco Regulation Program

Mar.29.2023
US House to Investigate FDA's Tobacco Regulation Program
FDA's tobacco regulation center is under investigation by the House Oversight Committee for communication and process flaws.

On March 28th, the House Oversight and Reform Committee of the United States launched an investigation into the Food and Drug Administration's Center for Tobacco Products (CTP). The chairman of the committee, Republican Representative James Comer of Kentucky, made the investigation public.


In a letter addressed to FDA Commissioner Robert Califf, Congressman Comer outlined several reasons for an investigation, mostly based on criticisms of the agency's tobacco regulation program by the Reagan-Udall Foundation. The evaluation found numerous flaws in CTP's processes and communication with stakeholders and the public.


Recently, the Reagan-Udall Foundation conducted an evaluation of the CTP and found that...


There is no clear definition of the fundamental elements of its tobacco and nicotine regulation plan, which promotes market uncertainty and allows unsafe and unregulated products to proliferate.


Therefore, the House Oversight and Accountability Committee is seeking documents and information regarding CTP activities to achieve transparency and ensure that CTP is performing its required functions.


The committee has requested that the FDA provide:


FDA staff's comments on the Reagan-Udall assessment; all communications with the White House and the Department of Health and Human Services (HHS) regarding tobacco or nicotine policies; documents and correspondence between FDA and the Centers for Disease Control and Prevention (CDC) regarding CTP policies; communication documents between FDA and "public health advocacy groups" regarding CTP policies; all documents regarding the "appropriate for the protection of public health" standard and specific analytical processes; enforcement work documents of FDA's removal of illegal tobacco or nicotine products from retail locations.


In the coming months, the committee will hold public hearings that may offer an opportunity for the electronic cigarette industry and consumer rights advocates to explain how the FDA's confusing regulatory process is harming small businesses and individuals who use low-risk nicotine products. The hearings may also address how the agency is responding to political pressure from anti-smoking youth organizations, Congress, and the White House.


Comer pointed out deficiencies in the FDA's enforcement ability, and urged the agency to release a list of authorized products and products currently under review for retailers to reference. He also called on the FDA to allocate necessary resources and promptly remove from the market those products that are most appealing to underage users.


References:


Congressman Comer investigates FDA's tobacco and nicotine regulatory programs characterized by ambiguity.


The House Oversight Committee has announced that it will investigate the regulations enforced by the FDA pertaining to tobacco.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07
Product | JTI Introduces Fully Dissolvable PERLZ Nicotine Pearls in UK, Expands Range From 30-Pearl Dispensers to 10-Pearl Sachets
Product | JTI Introduces Fully Dissolvable PERLZ Nicotine Pearls in UK, Expands Range From 30-Pearl Dispensers to 10-Pearl Sachets
Japan Tobacco International (JTI) has introduced PERLZ nicotine pearls in the UK, expanding its oral nicotine portfolio beyond conventional nicotine pouches. The fully dissolvable, multi-layer pearls are placed under the tongue and come in Mint and Berry flavors at concentrations of 1mg/g and 2mg/g, equivalent to approximately 0.3mg and 0.5mg of nicotine per pearl. UK retailer Haypp published four 30-pearl dispenser listings on July 31, 2026, followed by three 10-pearl sachet products on August 17. The dispensers retail for £6.50, while the sachets cost £2.50.
product
Oct.12
Product | OXVA Introduces XLIM PRO 4 With Liquid-Level Anti-Burn Technology and Dedicated Pods
Product | OXVA Introduces XLIM PRO 4 With Liquid-Level Anti-Burn Technology and Dedicated Pods
Vaping brand OXVA introduced the XLIM PRO 4 refillable pod system in October 2026, featuring Anti-Burn Tech (ABT) based on smart e-liquid-level detection. The system can issue refill alerts and stop power output when e-liquid levels become too low. ABT requires the XLIM PRO 4 device and a dedicated XLIM ABT cartridge. Standard XLIM pods remain compatible but do not support ABT protection. OXVA previously introduced temperature-based anti-burn technology in the XLIM Pro 2 DNA, developed with Evolv. The new device features a 1,800mAh battery, 5–30W output and a 0.98-inch HD color screen. OXVA's official store lists the device at $37.90 and dedicated ABT replacement cartridges at $12.99. Independent testing confirmed the low-liquid protection response but recorded varying cartridge lifespans.
product
Oct.30
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
FDA CTP Director Bret Koplow used his FDLI keynote in Washington to outline how the agency is rethinking the PMTA framework. He discussed category-specific review, nicotine pouch and sPMTA pilots, AI-assisted review, a 70% reduction in pending applications, and a major staffing constraint: CTP currently has only nine scientific review teams. He also reaffirmed tobacco harm reduction while stressing youth protection, flavored products, risk communication, and the challenge of unauthorized e-cigarettes.
Regulations
Oct.06
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Philip Morris Japan (PMJ) launched TEREA Black Mint Pearl on October 15, 2026, introducing the first capsule-equipped heated tobacco stick in the TEREA Black range for IQOS ILUMA devices. The product combines a strong menthol profile with a crushable mint capsule and is priced at ¥640 per 20-stick pack, including tax. Sales began at four IQOS stores and selected retail partners on October 15, with distribution expanding to convenience stores and other tobacco retailers nationwide from October 19. The launch brings Japan's TEREA portfolio to 28 variants, including 21 menthol-related products, or 75% of the range.
product
Oct.16 by 2Firsts Perspectives
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
Germany collected €9.789 billion in total tobacco tax revenue from January through August 2026, down 10.8% from a year earlier, according to the Federal Ministry of Finance. Germany's tobacco tax base covers not only cigarettes and fine-cut tobacco but also heated tobacco and vaping liquids taxed as tobacco substitutes. The German Association of the Tobacco Industry and Novel Products, or BVTE, citing federal statistical data, said tax-paid cigarette volume fell 12.6% to 40.6 billion sticks. BVTE is using the latest figures to argue against further tax increases planned from 2027 through 2030, while Germany's parliament is scheduled to hold a first reading of the bill on September 24.
Sep.23