FDA Plans to Launch Updated Submission Portal for New Tobacco Product Applications in 2025

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The FDA’s Center for Tobacco Products (CTP) has announced its plans to unveil the CTP Portal Next Generation (“CTP Portal NG”) in 2025, an improved web portal for submitting applications for new tobacco products. Two notices issued in the Federal Register highlight the upcoming changes aimed at enhancing the application process. Key Improvements Transition Details…

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Supreme Court Agrees to Hear Case Challenging FDA’s Vape Regulation

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Supreme Court Grants FDA’s Petition for Certiorari in Wages and White Lion Investments v. Food & Drug Administration In a significant move that could reshape the regulatory landscape for the tobacco and vaping industries, the Supreme Court has agreed to hear the case Wages and White Lion Investments v. Food & Drug Administration. This decision…

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The Impact of the Supreme Court Striking Down Chevron on FDA Regulation

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As has been widely reported today, the United States Supreme Court overturned a 40-year old precdent known as the Chevron Doctrine. There are excellent write-ups of the Court’s opinion here and here. At it’s simpliest the Chevron Doctrine required courts to give deference to federal agencies, like the U.S. Food and Drug Administration, when creating…

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U.S. DEA to Reclassify Marijuana

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The AP is reporting today that the U.S. Drug Enforcement Agency will soon begin the process to reschedule marijuana from Class I to Class III. The DEA is proposing to reclassify marijuana as a less dangerous drug, acknowledging its medical uses and lower potential for abuse compared to other substances. This shift follows President Joe…

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FDA Petitions U.S. Supreme Court Over Triton MDOs

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As previously posted, a federal appeals court (Fifth Circuit Court of Appeals) overturned the Marketing Denial Orders (MDOs) handed down by the U.S. Food and Drug Administration to Triton Distribution and Vapetasia. This week the FDA filed a petition for writ of certiorari requesting the Supreme Court review the Fifth Circuit opinion and reverse it.…

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Triton MDOs Overturned

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In a much-anticipated ruling, a federal appeals court has finally overturned the Marketing Denial Orders (MDOs) handed down to Triton Distribution and Vapetasia. The court has directed the FDA to conduct fresh evaluations of the companies’ marketing applications. The en banc panel of judges decisively voted 10-6 in favor of granting Triton and Vapetasia the…

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FDA-CBP Joint Operation Seizes $18 Million Worth of Illegal E-Cigarettes, Targets Brands Popular Among Youth

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In a significant joint effort, the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) have successfully seized over $18 million worth of unauthorized e-cigarette products, marking a crucial step in the ongoing battle against the illegal tobacco trade. The operation, conducted over three days, resulted in the examination of 41…

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eSTAR Medical Device Submissions

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The eSTAR (Electronic Submission Template and Resource) is an interactive PDF form designed to assist applicants in preparing comprehensive medical device submissions. It offers various features such as automation, content and structure complementing FDA internal review templates, integration of multiple resources, guided construction for each submission section, and automatic verification. The eSTAR will begin to…

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FDA Targets Delta 8 Products

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The Federal Trade Commission (FTC) has partnered with the U.S. Food and Drug Administration (FDA) to send cease and desist letters to six companies selling edible products containing Delta-8 tetrahydrocannabinol (THC). These products are being marketed in packaging that closely resembles popular snacks and candies that children commonly consume, such as Doritos, Cheetos, and Nerds.…

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Submission Tracking Number

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A Submission Tracking Number or STN is becoming a critical part of successfully importing tobacco products, such as vape devices. An STN can serve as proof that a tobacco product is currently pending review by the Food and Drug Administration’s Center for Tobacco Products. Tobacco products imported or offered for import into the United States…

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FDA CBD Update

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The US Food and Drug Administration has announced a new regulatory pathway is needed to manage risks from a growing cannabidiol (CBD) market in the US. FDA concluded that a new regulatory pathway for CBD is “needed that balances individuals’ desire for access to CBD products with the regulatory oversight needed to manage risks.” The agency said…

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