US: e-cigarette regulation, June 2024

Due to the deeming regulations, e-cigarettes are included within the category of tobacco products at the federal level in the US, so federal law applies.

A premarket tobacco product application (PMTA) must be submitted to the US Food and Drug Administration (FDA) for each e-cigarette product.

There has been increased regulatory and policy pressure at the federal level, specifically about the PMTA process, which was considered to be slow and allowed illegal products to stay in the market unregulated.

There have been a huge number of PMTA denials, and it is not likely for any flavoured vape product to receive a marketing granted order (MGO).

This report provides analysis of the current regulatory regime for e-cigarettes in the US, covering all aspects from labelling and product restrictions, to retail and advertising regulations.

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Berta Camps Bisbal

Senior legal analyst
Berta has a law degree from the University of Barcelona and a Juris Doctor degree from Nova Southeastern University (Florida). She has worked as a faculty assistant in legal research in Florida, was a member of the Law Review, and has interned for a magistrate judge of the US District Court for the Southern District of Florida. Berta focuses on US legal analysis, including tracking all federal, state and local regulation. She runs our US interactive regulatory tracker product, following changing regulation on e-cigarettes in all 50 US states.

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