News & Analysis as of

Tobacco Premarket Approval Applications

Troutman Pepper Locke

FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO

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On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency has unlawfully delayed rendering a decision on supervisory review of its...more

Troutman Pepper Locke

En Banc Fifth Circuit Solidifies Circuit Split on Flavored ENDS Product MDOs

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In early January, the U.S. Court of Appeals for the Fifth Circuit, sitting en banc in Wages & White Lion Investments, L.L.C. v. U.S. Food & Drug Administration, held that the U.S. Food and Drug Administration’s (FDA)...more

Knobbe Martens

Flavored E-cigarette Manufacturers Face Regulatory Challenges

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Manufacturers of e-cigarettes find themselves in a challenging regulatory environment to obtain U.S. Food and Drug Administration (FDA) marketing approval of flavored products.  On October 12, 2023, the FDA denied premarket...more

Troutman Pepper Locke

FDA’s Center for Tobacco Products to Hold Public Meeting on PMTA Process

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The Food and Drug Administration’s Center for Tobacco Products (“CTP”) will hold a two-day public meeting on the agency’s premarket tobacco product application (“PMTA”) process. The meeting will be held October 23-24 and can...more

Troutman Pepper Locke

Congress Urges FDA to Complete Its Review of E-Cigarette Applications

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On June 8, more than 50 members of Congress signed a letter addressed to Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, expressing concerns over FDA’s delays in reviewing pending Premarket Tobacco Product...more

Troutman Pepper Locke

Hidden FDA Report Raises Questions About Its Approach to Public Records and Premarket Tobacco Review

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FDA’s approach to a premarket tobacco product application (PMTA) raises new questions about whether its marketing denial order was arbitrary and capricious and whether the deliberative-process exemption justifies its...more

Akerman LLP

FDA Orders JUUL E-Cigarettes Off The Market Over Safety Concerns

Akerman LLP on

The U.S. Food and Drug Administration (the FDA) issued marketing denial orders (MDOs) to JUUL Labs for all of its products currently marketed in the United States. As a result of this MDO, JUUL must stop selling and...more

Morgan Lewis

FDA Grants First E‑Cigarette PMTA Authorization

Morgan Lewis on

The US Food and Drug Administration recently issued an order authorizing R.J. Reynolds Vapor Co. to market its Vuse Solo electronic nicotine delivery system and corresponding e-liquid pods. These authorizations mark the first...more

Troutman Pepper Locke

FDA Premarket Review Process for Premium Cigars Halted

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On Wednesday, August 19, 2020, the U.S. District Court for the District of Columbia issued an order enjoining FDA from enforcing the premarket review requirement contained in the agency’s “Deeming Rule” against “premium...more

Saul Ewing LLP

Court Grants FDA’s Request for Extension of Premarket Review Submission Deadline for Deemed Tobacco Products in Light of COVID-19;...

Saul Ewing LLP on

On April 23, 2020, the U.S. District Court for the District of Maryland granted the U.S. Food and Drug Administration’s (FDA or the Agency) request for an extension of the submission deadline for certain deemed tobacco...more

Nilan Johnson Lewis PA

Vaping Deaths: What Manufacturers and Retailers Need to Know about Current Laws and Regulations

Nilan Johnson Lewis PA on

In recent weeks, the news has been full of stories of vaping-related illnesses and deaths. An eighth person has now died from a vaping-related illness, and reports state that hundreds more have been sickened with severe...more

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