US States Enact E-Cigarette Bans, PMTA Registry Bills Trigger Controversy

Regulations by 2FIRSTS, edited by Sophia
May.06.2024
US States Enact E-Cigarette Bans, PMTA Registry Bills Trigger Controversy
Virginia bans flavored e-cigarettes, Iowa still undecided. Critics argue laws harm smoking cessation options. Major economic impact expected.

According to overseas media FilterMag, on May 2nd, it was reported that flavored e-cigarettes will be banned in the state of Virginia, but the ban will not take effect until one year later. Meanwhile, the decision on similar legislation in Iowa is pending the governor's signature or veto. These are just the latest PMTA registration laws, which are increasingly spreading across the United States under the guise of protecting consumers from unregulated products. Critics argue that these laws harmfully restrict people's options for quitting smoking.

 

Iowa Governor Kim Reynolds has not indicated whether she will sign a bill passed by the legislature in April. The Consumer Advocates for Smoke-free Alternatives Association (CASAA) has dubbed it the "Big Tobacco Protection Act." In Virginia, lawmakers also recently passed a registration bill, which Governor Glenn Youngkin (R) approved but with an amendment to delay implementation until July 1, 2025. The bill was passed by the legislature in April.

 

Oklahoma, Louisiana, and Alabama have implemented the PMTA registration legislation, according to Ecigator reports. While laws in Kentucky, Utah, and Wisconsin are set to take effect by 2025 (though there is ongoing litigation against the legislation in Kentucky), a report states that "legislators in about 20 other states are currently considering similar bills.)

 

According to advocates for harm reduction in tobacco, banning flavored e-cigarettes will only lead consumers to turn to the illegal market or even revert back to traditional cigarettes. Research also indicates that the choice of flavors is highly important for individuals transitioning from cigarettes to e-cigarettes.

 

However, tobacco companies that are actively promoting the above-mentioned legislation have a different perspective on this. They believe that these laws will help combat the illicit tobacco market and ensure that all kinds of businesses accept products authorized by the U.S. Food and Drug Administration (FDA).

 

Critics of these bills argue that small businesses and individuals trying to quit smoking will suffer. More than 1,800 people in Virginia could lose their jobs, and the state could lose over $250 million in economic benefits. Small businesses will also face fines of $1,000 per day for each unapproved product they sell. While tobacco giants are advocating for the ban, the public is skeptical of their motives.

 

Most legislators do not understand that the purpose of the PMTA registration is to ban the sale of the majority of e-cigarette products intended for use by adults in this state.

 

The FDA is facing harsh criticism from tobacco harm reduction advocates for denying millions of PMTA applications. They argue that the barriers to submission are so high that only the largest companies with significant financial and scientific resources have a chance at authorization.

 

However, one of the sponsors of the legislation, Virginia Delegate Rodney Willett (D-Henrico), said that despite the lengthy challenge, the FDA's program is important because a large number of e-cigarette products from China are flooding in, which he referred to as being "largely unregulated and untaxed in most cases." Willett believes, "Most legislators do not understand that the purpose of PMTA registration is to ban the sale of the vast majority of e-cigarette products used by adults in this state." "They think they are fighting against villains from China, but in reality, they are making the lives of their own constituents worse."

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

China Tobacco Hubei explores staged nicotine pouch delivery, using dynamic membranes to slow early release and gradient particles to sustain later delivery
China Tobacco Hubei explores staged nicotine pouch delivery, using dynamic membranes to slow early release and gradient particles to sustain later delivery
China Tobacco Hubei Industrial Co., Ltd. disclosed several oral nicotine-related patent applications in August 2026, including two that approach staged nicotine release from different directions. One uses a high-viscosity membrane that forms inside the pouch after contact with saliva to slow rapid early release, while the other uses gradient particles with a faster-disintegrating outer layer and a slower core to create a fast-to-sustained release profile. Together, the filings explore how nicotine pouches could balance initial delivery with release later in use.
Sep.03
U.S. Health Groups Seek to Overturn FDA Enforcement Discretion for Pending PMTAs as Altria's Helix, NJOY and AVM Move to Intervene
U.S. Health Groups Seek to Overturn FDA Enforcement Discretion for Pending PMTAs as Altria's Helix, NJOY and AVM Move to Intervene
American Vapor Manufacturers (AVM) and Altria subsidiaries Helix Innovations and NJOY filed separate motions on October 7, 2026, seeking to intervene on the FDA's side in a lawsuit challenging its enforcement guidance for certain e-cigarette and nicotine pouch products with pending premarket tobacco product applications (PMTAs). Seven public health and tobacco-control organizations, including the Campaign for Tobacco-Free Kids, sued the agency in July to overturn the policy. AVM argues that vacating the guidance could disrupt orders, inventory, retail distribution and investments in regulatory submissions.
Regulations
Oct.09
GAO Audit Finds Nearly 132,000 FDA Tobacco Applications Waiting an Average 1,266 Days as Nicotine Pouch Pilot Practices Move Into Vape PMTA Reviews
GAO Audit Finds Nearly 132,000 FDA Tobacco Applications Waiting an Average 1,266 Days as Nicotine Pouch Pilot Practices Move Into Vape PMTA Reviews
A U.S. Government Accountability Office audit found that 131,915 tobacco product applications submitted to the FDA since 2018 remained without a final review as of December 31, 2025, with pending applications waiting an average of 1,266 days. GAO also found FDA lacks the data needed to systematically determine whether scientific reviews meet applicable timelines. HHS agreed to upgrade the agency's tracking systems. At the same time, FDA has begun applying lessons from its nicotine pouch PMTA pilot to e-cigarette reviews, while changes to enforcement policy and electronic submissions are making the specific stage of a PMTA increasingly relevant to market access.
FDA
Oct.03
FDA Grants PMTA Authorization to 11 ZYN ULTRA Nicotine Pouches, Bringing Total Authorized Pouches to 43
FDA Grants PMTA Authorization to 11 ZYN ULTRA Nicotine Pouches, Bringing Total Authorized Pouches to 43
The U.S. Food and Drug Administration authorized 11 ZYN ULTRA nicotine pouch products made by Swedish Match USA through the premarket tobacco product application pathway on August 21, 2026. Ten of the authorized products have a labeled nicotine content of 9 mg, while ZYN ULTRA Smooth was authorized at 11 mg. The reviews were conducted through FDA’s nicotine pouch PMTA pilot program. FDA has now authorized 43 nicotine pouch products, including 23 through the pilot.
Aug.24
JUUL Purchasers Ask Ninth Circuit to Preserve Antitrust Classes in Case Over Altria’s $12.8 Billion Investment
JUUL Purchasers Ask Ninth Circuit to Preserve Antitrust Classes in Case Over Altria’s $12.8 Billion Investment
Private antitrust litigation stemming from Altria's 2018 $12.8 billion investment for a 35% economic interest in JUUL is advancing before the U.S. Court of Appeals for the Ninth Circuit. Direct purchasers, indirect purchasers and indirect resellers of JUUL products filed answering briefs this week seeking to preserve class certifications granted by a California federal court in February. Altria and JUUL argue that individual consumers and large distributors differ too much in purchasing terms to remain in a single direct-purchaser class, while a separate dispute concerns whether California antitrust law can apply to indirect purchasers across 27 jurisdictions. A September trial has been put on hold during the appeal.
Sep.23
Product | JTI Philippines Expands Nordic Spirit Nicotine Pouch Portfolio With Dark Pop and Red Frost
Product | JTI Philippines Expands Nordic Spirit Nicotine Pouch Portfolio With Dark Pop and Red Frost
JTI Philippines has expanded the Nordic Spirit nicotine pouch portfolio in the Philippines with two new variants, Dark Pop and Red Frost. Both products maintain the brand’s tobacco-free nicotine pouch positioning, with Dark Pop featuring a fizzy cola profile with citrus and sweet notes, while Red Frost combines cool mint with sweet red berry flavors. The two variants are now available through Philippine online retail channels.
Aug.18