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

Altria Announces Nationwide Retail Expansion of on! PLUS Nicotine Pouches
Altria Announces Nationwide Retail Expansion of on! PLUS Nicotine Pouches
Altria Group, Inc. announced the nationwide retail expansion of on! PLUS nicotine pouches, a product manufactured by Helix Innovations LLC, an Altria operating company. The product had already been available through e-commerce and participating retailers in North Carolina, Florida and Texas, began wholesale deliveries on March 16, 2026, and is expected to reach participating retailers nationwide starting March 23, 2026.
Mar.24 by 2FIRSTS.ai
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
Product | Labeled “Built in the USA” + 33mL Total E-Liquid, iJOY XP100K E-Cigarette Launched in the U.S.
iJOY Launches New IJOY XP100K E-Cigarette on Official Website. The product adopts a combined structure of “pod + power bank + refill e-liquid bottle,” comes pre-filled with 18mL of e-liquid and includes 15mL of refill liquid. It is officially claimed to deliver up to approximately 100,000 puffs, and its packaging bears the wording “BUILT IN THE USA.” It has already gone on sale through some online channels in the United States, with the kit priced at US$19.99.
Apr.08 by 2FIRSTS.ai
Indonesian drug agency chief proposes ban on e-cigarettes and e-liquid containing harmful substances
Indonesian drug agency chief proposes ban on e-cigarettes and e-liquid containing harmful substances
Indonesian drug agency chief proposes ban on e-cigarette and e-liquid in new draft law, citing dangerous substances found.
Apr.08 by 2FIRSTS.ai
IVG Adds Six New Flavours to Pro Range, Expanding Line-Up to 39
IVG Adds Six New Flavours to Pro Range, Expanding Line-Up to 39
IVG has added six new flavours to its Pro range, taking the total line-up to 39 flavours. The new additions are Cola Frost, Rainbow Burst, Pineapple Tropic, Blueberry Raspberry, Strawberry Raspberry Ice and Raspberry Cherry Blueberry. All six are available only in 20mg nicotine strength, with an RRP of £10.95 for a starter kit and £7.95 for a refill pod.
Apr.21 by 2FIRSTS.ai
U.S. Company Seeks Cancellation of “Lost Mary” Vape Trademark
U.S. Company Seeks Cancellation of “Lost Mary” Vape Trademark
North Carolina hemp provider JLT Imports Inc. has filed suit in California federal court seeking cancellation of the “Lost Mary” vape trademark held by Chinese company Imiracle (HK) Ltd.
Mar.30 by 2FIRSTS.ai
BAT Japan Announces McLaren Collaboration “glo Hilo Plus” Limited-Edition Set, Priced at About USD 200
BAT Japan Announces McLaren Collaboration “glo Hilo Plus” Limited-Edition Set, Priced at About USD 200
British American Tobacco Japan (BAT Japan) announced a collaboration with McLaren Racing to launch the “glo Hilo Plus・McLaren Racing Inspired Limited-Edition Set.” Sales begin on March 3 via the glo Store Ginza and the official glo online store. Based on the “glo Hilo Plus,” the set includes a limited-edition device and dedicated accessories, priced at JPY 30,000 (about USD 200).
Mar.03 by 2FIRSTS.ai