Vape Company Takes FDA to Court for Stalling Premarket Decision for Half a Decade

Nov.26.2025
Vape Company Takes FDA to Court for Stalling Premarket Decision for Half a Decade
California-based vape manufacturer Schwartz E-Liquid (USA Vape Lab) has sued the U.S. Food and Drug Administration (FDA) in federal court, alleging the agency unlawfully failed to issue a decision on its premarket application for flavored e-cigarette products for more than five years. The company is seeking a court order compelling the FDA to act within 90 days.

Key Points

 

  • Plaintiff: Schwartz E-Liquid (USA Vape Lab)
  • Defendant: U.S. Food and Drug Administration (FDA)
  • Court: U.S. District Court for the District of Columbia
  • Case Number: 1:25-cv-04093
  • Main Allegation: FDA violated federal law by failing to rule on a PMTA within the required 180 days
  • Requested Relief: Court order requiring FDA to issue a decision within 90 days
  • Counsel: Thompson Hine LLP represents Schwartz

 

 

2Firsts, November 26, 2025 — According to Law360,California vape company Schwartz E-Liquid, doing business as USA Vape Lab, has filed a lawsuit against the U.S. Food and Drug Administration (FDA) in the U.S. District Court for the District of Columbia, accusing the agency of unlawfully delaying its decision on flavored e-cigarette products for five years — far beyond the 180-day statutory limit under the Food, Drug, and Cosmetic Act (FDCA).

 

In the complaint filed Friday, Schwartz said the FDA’s inaction has left the company in “limbo,” unable to plan its business strategy or decide whether to continue investing in its flavored products. The lawsuit argues that the agency’s failure to issue a decision effectively blocks lawful market participation and creates uncertainty for American manufacturers.

 

Schwartz further alleges that the FDA seized some of its products from a Chicago distributor despite claiming to exercise “enforcement discretion” toward products with pending premarket applications that were already on sale when FDA oversight began. The company contends that competing products remain on store shelves, while its own were unfairly targeted.

 

The complaint also accuses the FDA of favoring major tobacco firms — including Altria and Reynolds American — by conducting expedited reviews for their applications, even when those were filed long after Schwartz’s submission.

 

Schwartz is asking the court to compel the FDA to render a final decision within 90 days and to take into account the population-level reach of flavored products when evaluating their public health impact. The company argues that flavored e-cigarettes, while potentially less effective per user in reducing cigarette use, have far greater popularity and reach, resulting in a larger net reduction in smoking overall.

 

In a statement, Schwartz founder Huy Nguyen said:

 

“We felt that we had no choice but to initiate this lawsuit. The FDA has ignored its statutory duty for years while threatening American manufacturers with seizures over products that are still awaiting a lawful decision.”

 

The FDA did not immediately comment on the lawsuit.

 

Image source: Law360

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

France Vape Market 2026: Use Reaches 7.9% Amid Tax, Regulatory and Scientific Debate
France Vape Market 2026: Use Reaches 7.9% Amid Tax, Regulatory and Scientific Debate
France remains one of Europe’s active vape markets in 2026, with adult vaping prevalence rising to 7.9%; at the same time, e-liquid taxation, public-space restrictions, advertising compliance and health-risk debate are pushing the industry into a critical policy period.
Jun.23
AIR Invests $20 Million in Greentank, Deepening Capital Ties Across the Vape Supply Chain
AIR Invests $20 Million in Greentank, Deepening Capital Ties Across the Vape Supply Chain
Nasdaq-listed AIR Global has invested $20 million in preferred shares of Canadian vaporization technology company Greentank, deepening a partnership established in 2023. AIR gains a board nomination right, access to new technologies, enhanced commercial terms and long-term supply assurances, while retaining an option to increase its stake. Greentank’s Quantum Chip platform powers Crown Switch and forms part of AIR’s planned U.S. PMTA dossier, linking capital investment more closely with product technology, regulatory evidence and supply-chain control.
Special Report
Jul.29
One Nation Proposes 50% Tobacco Excise Cut as Australia’s Illicit Market Expands
One Nation Proposes 50% Tobacco Excise Cut as Australia’s Illicit Market Expands
Australian One Nation leader Pauline Hanson has proposed cutting tobacco excise by 50% and freezing indexation until June 30, 2028, in a bid to lower legal cigarette prices and reduce the price advantage of the illicit tobacco market.
Jun.18
Philippine Local Governments Urge Marcos to Prioritize Smoke- and Vape-Free Bill
Philippine Local Governments Urge Marcos to Prioritize Smoke- and Vape-Free Bill
The League of Municipalities of the Philippines (LMP) has urged President Ferdinand Marcos Jr. to prioritize the Smoke- and Vape-Free Bill, seeking a nationwide legal framework for tobacco and vape regulation. Local government leaders said national legislation would help standardize enforcement and strengthen public health measures. The proposal remains at the advocacy stage and has not yet become law.
Jul.29
Product | BAT Japan Launches virto Bright Peach Click in Japan, Expanding glo Hilo’s Capsule-Based Flavor Portfolio
Product | BAT Japan Launches virto Bright Peach Click in Japan, Expanding glo Hilo’s Capsule-Based Flavor Portfolio
British American Tobacco Japan (BAT Japan) has introduced virto Bright Peach Click, a new heated tobacco stick designed for the glo Hilo system. The product expands the existing virto consumable lineup with a combination of tobacco, menthol and ripe peach flavors, featuring a capsule mechanism that releases additional fruit flavor when activated. The product launched in Japan on July 27, 2026, through glo official online channels, convenience stores and tobacco retailers.
Aug.03
Special Report | Russia, Ukraine and Belarus Launch Fresh Push to Rein in Vaping
Special Report | Russia, Ukraine and Belarus Launch Fresh Push to Rein in Vaping
Russia, Ukraine and Belarus are tightening vape regulation through different tools, from Ukraine’s stronger enforcement push and Belarus’s proposed advertising restrictions to Russia’s new GOST standard and regional sales-ban mechanism. As black-market concerns persist, some Russian experts argue that China’s tightly controlled but legalised model — built around licensing, traceability and taxation — may offer a more effective alternative to blanket prohibition.
Jul.15