U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking

Regulations
Oct.10
U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
A federal judge in Texas on Oct. 8 granted a joint request by the FDA and plaintiffs including Altria subsidiaries Helix Innovations and NJOY to stay litigation challenging the agency's 2021 PMTA rule. The court cited FDA's anticipated rulemaking concerning the regulation at issue. FDA announced on Sept. 28 that it intends to reassess the PMTA framework and could initiate new rulemaking to replace it. The parties must file a joint status report within 45 days and every 45 days thereafter. A motion by three Reynolds American companies to intervene remains pending.

Key Points

The U.S. District Court for the Northern District of Texas stayed the Helix and NJOY challenge to FDA's 2021 PMTA rule on Oct. 8.

FDA announced Sept. 28 that it intends to reassess the PMTA regulatory framework and may initiate new rulemaking to replace the current system.

The parties said a new or amended FDA final rule could have a significant effect on the litigation.

R.J. Reynolds Vapor, Modoral Brands and American Snuff filed an unopposed motion to intervene on Sept. 8; the motion remained pending as of Oct. 9.


2Firsts

October 10, 2026

According to an Oct. 8 order from the U.S. District Court for the Northern District of Texas, U.S. District Judge James Wesley Hendrix granted a joint request by the FDA and plaintiffs including Altria subsidiaries Helix Innovations LLC and NJOY LLC to stay litigation challenging the agency's 2021 Premarket Tobacco Product Application, or PMTA, rule while FDA pursues anticipated rulemaking concerning the regulation.

Hendrix said the motion was granted for the reasons set out by the parties, citing FDA's anticipated rulemaking concerning the final rule at issue.

The court directed the parties to file a joint status report within 45 days and every 45 days thereafter.

Parties Sought Stay After FDA Announced PMTA Reassessment

The stay was jointly requested by the plaintiffs and the federal government rather than sought by one side over the other's objection.

The parties filed their joint motion on Sept. 29. Defendants include FDA, Acting FDA Commissioner Kyle Diamantas and the U.S. Department of Health and Human Services. Plaintiffs include Altria subsidiaries Helix Innovations and NJOY, the Texas Food & Fuel Association and retailers GWT Distributing LLC and Hometown Liquor LLC.

Their request followed FDA's Sept. 28 announcement that it intends to reassess its experience implementing the 2021 PMTA rule and evaluate changes to the regulatory framework, potentially including new rulemaking to replace the existing system.

FDA cited its experience under the 2021 rule, recent judicial developments, the growth of an unauthorized and unregulated market and the pace of new product introductions.

The agency also said it would continue processing PMTAs and applying the statutory appropriate-for-the-protection-of-the-public-health, or APPH, standard while evaluating the framework.

In seeking the stay, the parties said a new or amended final rule from FDA could have a significant effect on the litigation.

Helix and NJOY Seek Vacatur of 2021 PMTA Rule

Helix, NJOY and the other plaintiffs filed their complaint on Sept. 2 in the Northern District of Texas under the Administrative Procedure Act.

The challenged regulation is FDA's 2021 final rule, Premarket Tobacco Product Applications and Recordkeeping Requirements, which sets requirements for the content and format of PMTAs and establishes procedures governing the agency's review of applications.

The plaintiffs are asking the court to declare the rule unlawful, vacate and set it aside, remand it to FDA, and require the agency to adopt a new rule or review process that complies with what they say are the statutory deadlines established by the Tobacco Control Act.

They also seek preliminary and permanent injunctive relief preventing FDA from enforcing relevant premarket requirements against certain Helix and NJOY products with PMTAs that have been pending for more than 180 days.

The Oct. 8 stay does not rule on the merits of those claims and does not vacate the 2021 PMTA rule.

180-Day Review Period at Center of Challenge

A central issue in the complaint is how FDA applies the Tobacco Control Act's timeframe for acting on PMTAs.

The plaintiffs contend that the statute requires FDA to issue decisions within 180 days and that the agency's Acceptance Review, Filing Review and subsequent scientific review process has allowed applications to remain unresolved far beyond that period.

They allege FDA has “never complied” with the statutory system for reviewing new tobacco products and argue that the 2021 final rule compounded delays.

Those claims remain allegations. The court has not ruled that FDA violated the statutory 180-day requirement.

The plaintiffs also blame the regulatory system for contributing to the growth of unauthorized products in the U.S. market, arguing that prolonged reviews disadvantage companies participating in the PMTA process while unauthorized products remain available.

The court has not adopted that causal claim as a finding.

Helix Has Received Marketing Orders for Other Nicotine Pouch Products

Helix Innovations is Altria's nicotine pouch business and markets products under the on! brand, while NJOY operates Altria's e-cigarette portfolio.

FDA's public marketing-order records show that multiple Helix nicotine pouch products have received marketing authorization, including on! PLUS products in December 2025 and additional Helix decisions in August 2026.

The plaintiffs argue that the current rule has prevented the marketing of other Helix and NJOY smoke-free products whose applications remain pending.

FDA marketing authorization for one product does not extend to other products from the same manufacturer. Marketing orders apply only to the specific products covered by those decisions.

Reynolds Companies Seek to Join the Case

Six days after the original complaint was filed, R.J. Reynolds Vapor Company, Modoral Brands Inc. and American Snuff Company LLC filed an unopposed motion on Sept. 8 seeking to intervene in the Helix and NJOY litigation.

The three companies are part of Reynolds American.

They also filed a proposed intervenor complaint echoing key elements of the plaintiffs' challenge and seeking vacatur of the 2021 PMTA rule.

Reynolds has publicly argued that the existing PMTA framework has contributed to lengthy review delays and regulatory uncertainty and does not reflect Congress's intended review process.

As of Mealey's Oct. 9 report, Hendrix had not ruled on the companies' motion to intervene.

RJR therefore remains a proposed intervenor rather than a party whose intervention has already been formally granted by the court.

FDA Rulemaking Becomes Central to Next Stage of Case

When FDA announced its PMTA reassessment on Sept. 28, it specifically cited recent judicial developments, including litigation in the Northern District of Texas challenging the current regulatory framework.

The agency said it is considering a modernized framework intended to better reflect current market conditions and provide greater clarity and predictability.

FDA has not yet published the text of a proposed replacement rule, identified the specific provisions it intends to change or announced a timetable for completing new rulemaking.

The stay means the plaintiffs' effort to vacate the 2021 rule will not proceed on its previous litigation schedule while FDA's regulatory review develops. The parties must update the court every 45 days.

Any future proposed or final rule could affect which issues remain live in the case and the scope of any further judicial review.

For now, the court has made no merits determination on the legality of the 2021 PMTA rule, FDA's compliance with the 180-day review requirement or the injunctive relief sought by the plaintiffs.

Follow 2Firsts for timely updates on global tobacco and nicotine regulations, market developments and industry trends.

Cover Image generated by AI

2FIRSTS | Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
2FIRSTS | Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Three R.J. Reynolds companies are seeking to intervene in a lawsuit filed by Altria subsidiaries Helix Innovations and NJOY challenging the FDA's 2021 PMTA final rule. The companies dispute how the agency uses Acceptance and Filing reviews and completeness determinations to establish when the Tobacco Control Act's 180-day decision period begins. Reynolds has also linked prolonged PMTA reviews to competition from unauthorized vaping products. The FDA, meanwhile, has been accelerating reviews and reducing its backlog.
www.2firsts.com

2FIRSTS | Special Report | Altria Subsidiaries Sue FDA to Vacate 2021 PMTA Rule as Agency Moves to Speed Reviews
2FIRSTS | Special Report | Altria Subsidiaries Sue FDA to Vacate 2021 PMTA Rule as Agency Moves to Speed Reviews
2Firsts reviewed the original federal court complaint filed by Altria subsidiaries Helix Innovations and NJOY on Sept. 2 challenging FDA’s 2021 PMTA rule. The lawsuit questions whether FDA’s review process complies with the Tobacco Control Act’s 180-day timeline, even as the agency moves to accelerate PMTA reviews and issues more marketing orders. Drawing on the complaint, FDA records, government audits and recent court rulings, 2Firsts examines the legal arguments, supporting evidence and potential implications for the U.S. tobacco review system.
www.2firsts.com

Reuters Tracks Big Tobacco’s Shift Beyond Cigarettes as Nicotine Pouches Vie for the Next Growth Curve
Reuters Tracks Big Tobacco’s Shift Beyond Cigarettes as Nicotine Pouches Vie for the Next Growth Curve
As cigarette markets face long-term pressure, major tobacco companies are increasingly turning to nicotine pouches in search of growth beyond combustible tobacco. Reuters has examined whether nicotine pouches can become the next strategic growth platform for companies including Philip Morris International, British American Tobacco and Japan Tobacco. PMI strengthened its position through the acquisition of Swedish Match and its ZYN brand, while BAT and JTI continue expanding their own nicotine pouch portfolios. The category has gained attention because of its smoke-free, device-free format, but regulation, youth-use concerns and market scale will determine whether it can become a long-term growth engine.
Regulations
Aug.18 by 2Firsts Perspectives
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 | KT&G Launches lil HYBRID 3.0 Misty Rosé Edition II in South Korea With Two Pink Finishes at 88,000 Won
Product | KT&G Launches lil HYBRID 3.0 Misty Rosé Edition II in South Korea With Two Pink Finishes at 88,000 Won
South Korean tobacco company KT&G launched the limited-edition lil HYBRID 3.0 Misty Rosé Edition II on September 30, 2026, following the original Misty Rosé Edition introduced in November 2025. The new release comes in two pink finishes, Bloom Rosé and Viva Rosé, each priced at 88,000 won. Both versions initially went on sale through the lil Store online shop and lil MINIMALIUM flagship stores. From October 7, Bloom Rosé became available at approximately 1,500 lil Station retail outlets nationwide. The release retains the existing lil HYBRID 3.0 hybrid heated tobacco platform, with changes focused on exterior design and distribution.
product
Oct.10
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
Philip Morris International is expanding its U.S. ZYN nicotine pouch portfolio with new 1.5 mg and 8 mg strengths and plans to move its core 3 mg and 6 mg dry-pouch products from 15 to 20 pouches per can in the fourth quarter of 2026. ZYN ULTRA is also commercially available, with FDA authorization covering 10 products at 9 mg and one 11 mg Smooth product. PMI U.S. lists the new 1.5 mg and 8 mg strengths as commercially available, but as of September 10 they do not appear on the FDA’s public authorization list. Public materials do not identify which PMTA submissions cover the two new strengths or their current review status.
Sep.11
Product | JNR Launches Shisha Hookah 70K E-Hookah With 60ml E-Liquid and 0.6% Nicotine
Product | JNR Launches Shisha Hookah 70K E-Hookah With 60ml E-Liquid and 0.6% Nicotine
JNR has introduced the Shisha Hookah 70K, a high-capacity rechargeable disposable vape designed around a hookah-inspired experience. The device comes prefilled with 60ml of e-liquid at 6mg/ml (0.6%) nicotine strength, alongside a 1,000mAh rechargeable battery and a 0.38Ω single mesh coil. It also features adjustable airflow and battery and e-liquid level displays. JNR claims the device can deliver up to 70,000 puffs and offers more than 20 flavors. Retail listings for the product have appeared in markets including Tunisia.
Market
Aug.24 by 2Firsts Perspectives
JTI Proposes 25-Cent Irish Cigarette Tax Increase, Says It Could Raise €45 Million
JTI Proposes 25-Cent Irish Cigarette Tax Increase, Says It Could Raise €45 Million
Japan Tobacco International's Irish business has proposed a €0.25 tax increase on a pack of 20 cigarettes in its pre-Budget 2027 submission, below the €0.50-or-more increases typically imposed in recent Irish budgets. JTI says the proposal could generate around €45 million in additional Exchequer revenue while limiting further movement toward illicit and non-Irish-tax-paid tobacco. Revenue's existing estimate for a comparable €0.25 increase, including pro-rata rises on other tobacco products, is about €18 million for a full year.
JTI
Sep.18 by 2Firsts Perspectives