For Instant Release:
Statement From:

Janet Woodcock, M.D.
Commissioner of Food items and Drugs – Meals and Drug Administration

Mitch Zeller, JD
Director – Heart for Tobacco Products

The following is attributed to Performing Food and drug administration Commissioner Janet Woodcock, M.D., and Mitch Zeller, J.D., director of the FDA’s Middle for Tobacco Items

On this working day previous calendar year, the U.S. Foodstuff and Drug Administration confronted the unprecedented process of examining purposes for more than 6.5 million “deemed” new tobacco products – numerous of which had been now on the industry. A bulk of the programs submitted by a court-requested deadline of Sept. 9, 2020, ended up for electronic nicotine shipping methods (Finishes) solutions, these as e-cigarettes and e-liquids, which had in no way been through the Food and drug administration assessment system. 

We’ve produced major progress in the months since, doing work diligently to superior recognize these solutions and, as of nowadays, taking action on about 93% of the complete timely-submitted applications. This involves issuing Promoting Denial Orders (MDO) for far more than 946,000 flavored Finishes products due to the fact their apps lacked adequate evidence that they have a reward to adult people who smoke enough to prevail over the community health menace posed by the very well-documented, alarming amounts of youth use of this kind of products and solutions. Flavored Ends products are extremely well-liked amid youth, with around 80% of e-cigarette users ages 12 through 17 making use of them. Even so, there is additional work to be carried out to full our remaining reviews and assure that we keep on using proper action to safeguard our nation’s youth from the potential risks of all tobacco merchandise, which includes e-cigarettes, which continue to be the most normally made use of tobacco product by youth in the United States. 

As demanded by statute, a vital thing to consider in our evaluation of premarket tobacco merchandise applications submitted for products and solutions like e-cigarettes is to identify irrespective of whether allowing the advertising and marketing of the product or service would be “appropriate for the safety of the public health,” taking into account the hazards and rewards to the population as a full. This determination includes thing to consider of how the solutions might effect youth use of tobacco products and solutions and the potential for the products to totally move adult people who smoke absent from use of combustible cigarettes. Importantly, we know that flavored tobacco items are extremely appealing to young individuals. For that reason, examining the influence of likely or true youth use is a important variable in our determination as to no matter if the statutory regular for advertising and marketing is satisfied. 

As of now, the company has taken action on applications for above 6 million Ends products, together with refusing to file (RTF) one company’s programs for close to 4.5 million products and solutions mainly because essential contents were being missing as nicely as issuing 132 MDOs for extra than 946,000 flavored Finishes solutions, which includes flavors this kind of as Apple Crumble, Dr. Cola and Cinnamon Toast Cereal. 

We go on to operate expeditiously on the remaining apps that were being submitted by the court’s Sept. 9, 2020, deadline, several of which are in the final levels of assessment. For premarket tobacco product purposes, our accountability is to evaluate whether or not candidates meet the relevant statutory regular for advertising and marketing their new merchandise. As we have explained ahead of, the stress is on the applicant to provide proof to exhibit that permitting the advertising and marketing of their solution satisfies the relevant statutory standard. Our continued evaluate also contains a smaller sized amount of pending apps that are currently being reviewed below the “substantial equivalence” standard, for cigars, pipes and hookah tobacco and for which we’ve granted marketing and advertising orders covering above 350 solutions. 

All new tobacco products and solutions on the industry with no the statutorily essential premarket authorization are marketed unlawfully and subject matter to enforcement motion at the FDA’s discretion. The Fda is fully commited to completing the critique of the remaining items as swiftly as achievable to offer regulatory certainty and will proceed to keep the public knowledgeable of our development. In the meantime, products for which no software is pending, such as, for case in point, individuals with a Promoting Denial Get and these for which no application was submitted, are among the our maximum enforcement priorities. If these kinds of solutions are not eradicated from the current market, the agency intends to comply with its standard enforcement procedures in these situations and will situation a warning letter ahead of initiating enforcement action (such as civil money penalties, seizure, or injunction) and afford to pay for the receiver an opportunity to answer. Because January 2021, we have issued a whole of 170 warning letters to firms that collectively have stated extra than 17 million Ends with the Food and drug administration and that had not submitted premarket apps for these solutions. Among those warning letters, and in an work to get motion on goods with a chance of youth use or initiation, the Fda issued a warning letter in July to a one organization that did not post an application and has extra than 15 million items outlined with the Food and drug administration.

We are committed to working as quickly as doable to transition the present marketplace for deemed new tobacco products to a single in which all items accessible for sale have undergone a careful, science-primarily based evaluate by the Food and drug administration and satisfied the statutory regular. Continuing to acquire appropriate regulatory steps to secure the public, especially youth, from the harms of tobacco merchandise continues to be a single of the agency’s optimum priorities.

Linked Information and facts



The Fda, an agency inside of the U.S. Section of Well being and Human Providers, shields the community well being by assuring the safety, success, and security of human and veterinary drugs, vaccines and other organic merchandise for human use, and clinical units. The agency also is dependable for the safety and stability of our nation’s food items provide, cosmetics, nutritional health supplements, goods that give off electronic radiation, and for regulating tobacco goods.