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Statement on FDA’s Proposed Rule for Foreign Tobacco Product Manufacturers

June 29, 2026 by Adam Katora Leave a Comment

WASHINGTON – June 29, 2026 – On Friday, the U.S. Food and Drug Administration
announced a new rule that it claims will protect public health by “strengthening the agency’s
ability to efficiently identify illegal foreign tobacco products.” The proposed rule would require
foreign manufacturers to register their establishments and list their products with the FDA –
something U.S. manufacturers are already required to do.

While VTA is pleased to see the FDA planning new enforcement tools – which we have
advocated are needed to help distinguish good, compliant actors from bad actors – the
effectiveness of this proposal depends entirely on whether FDA implements an actual solution
to the regulatory wall that has quashed American innovation and barred authorization of less
harmful flavored ENDS products for years, thus driving illicit marketplace.

It is perplexing to see the FDA prioritizing rules proposed by the Biden Administration, such as
this one, over the establishment of a predictable, transparent, and science-based regulatory
framework under which U.S. products can be rapidly evaluated and authorized. The proposed
rule is another example of the FDA continuing to delay the urgently needed regulatory reform
that would provide certainty for responsible companies, make clear which products qualify for
authorization and which do not, and give regulators a much stronger foundation to enforce
against bad actors operating outside the rules. Until the marketplace is filled with authorized
flavored ENDS products, a rule aimed at identifying unauthorized foreign products will do little.

We hope to see the FDA shift its focus away from the policies that President Trump pledged to
roll back and urgently focus on the reforms needed to fix the broken system and provide 25
million Americans access to the less harmful flavored ENDS products that they are using to stop
smoking deadly cigarettes. We look forward to continuing to engage with them on productive
policy moving forward.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

Statement on FDA’s 2025 National Youth Tobacco Survey Results and Continued Decline of Youth Vaping Rate

June 24, 2026 by Adam Katora Leave a Comment

WASHINGTON – June 24, 2026 – VTA is pleased to see the U.S. Food and Drug Administration’s (FDA) Center for Tobacco Products (CTP) promote the results of the 2025 National Youth Tobacco Survey (NYTS), which were originally released in March.

The findings prove what VTA has been saying for years: youth tobacco use, including vaping, is at historic lows and youth vaping is rapidly disappearing. 

According to the results, the youth vaping rate is just 5.2%, representing an 11.9% decrease over the past year and a 74% decrease since President Trump’s landmark 2019 decision to raise the age to buy tobacco products – a policy that VTA was proud to champion. This enormous drop in youth vaping occurred while the presence of flavored vaping products continued to grow in the marketplace – real world evidence proving that the availability of flavored vapes has little to no relevance to youth usage.

Now that youth vaping has fallen below pre-regulation levels, it is time for the FDA to establish a predictable, transparent, and science-backed regulatory system that ensures American adults – the ones overwhelmingly using flavored vapes – have access to the products they have chosen to help them quit smoking deadly cigarettes.  

VTA applauds the FDA for making it clear that vapes should not target youth and for focusing on eliminating vapes with video games, bluetooth, and phone apps, and those disguised to look like other products. Like raising the age to 21, common-sense policies that keep these products out of the hands of youth, while promoting adult access to the most effective smoking cessation tool available, are crucial for public health. The FDA must now align itself with President Trump’s commitment to save flavored vapes, save American flavored e-liquid manufacturers, and save small businesses selling flavored vapes across the country.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

Statement on the Departure of FDA Commissioner Marty Makary

May 12, 2026 by Adam Katora Leave a Comment

WASHINGTON – May 12, 2026 – The Vapor Technology Association appreciated the opportunity to meet with former FDA Commissioner Marty Makary last week and discuss the urgent need for real reform to the PMTA regulation and the implementation of a predictable and transparent, science-based regulatory framework for nicotine vapor products. While our engagement with the Commissioner was brief, we believed he was beginning to recognize that the current system requires substantial reform and that progress is needed to move more quickly.

VTA now looks forward to continuing its constructive engagement with Acting FDA
Commissioner Kyle Diamantas and whoever is ultimately selected to permanently lead the
agency moving forward. As it currently stands, the agency’s recent actions have not been
enough to keep President Trump’s promise to save flavored vaping. Our message remains
consistent: the United States can both ensure adult smokers have access to a wide variety of
less harmful nicotine alternatives and keep these products out of the hands of youth. Those
goals are not mutually exclusive, and responsible regulation must reflect that reality.

For years, VTA has advocated for a regulatory framework that provides clear scientific
requirements, transparent standards, and consistent enforcement against bad actors and illicit
products. American small businesses and millions of adult consumers deserve a system that is
predictable, credible, and capable of distinguishing responsible operators from those who
undermine public trust and youth protections.

We remain committed to working with FDA leadership, the Administration, and policymakers to
modernize the PMTA process, strengthen responsible marketing standards, and ensure the
United States leads with a balanced regulatory approach grounded in science, harm reduction,
and common sense.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

Response to the FDA’s “ENFORCEMENT PRIORITIES FOR CERTAIN NEW TOBACCO PRODUCTS MARKETED WITHOUT PREMARKET AUTHORIZATION.”

May 11, 2026 by Adam Katora Leave a Comment

WASHINGTON – May 11, 2026 – Today, the FDA announced new guidance for industry regarding enforcement priorities for certain products marketed without premarket authorization. This will allow companies that have submitted all the necessary scientific information for a PMTA to remain on the market and ensure FDA enforcement remains focused on products trying to circumvent the application process.

This decision is a critical first step towards establishing real reform that will finally fix a broken PMTA system through the creation of predictable and transparent, science-based regulations that will drive innovation and ensure safety. 

VTA has engaged constructively with FDA staff over the past few months, and the conversations have been productive. We are pleased to see the FDA focused on targeting specific products clearly marketed toward youth and committed to publishing lists of products working through the PMTA process, both things VTA has long advocated for.  We hope that today’s announcement marks the first step towards radical reform that prioritizes science and are eager to continue working alongside the FDA’s team to ensure real progress is made. What’s needed is a clear scientific guideline that would provide certainty for responsible companies, make it obvious which products qualify for authorization and which do not, and give regulators a much stronger foundation to enforce against bad actors operating outside the rules.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

VTA Statement: The International Trade Commission’s Ruling of No Violation in the Matter of Certain Vaporizer Devices

March 11, 2026 by Dev Leave a Comment

WASHINGTON – March 11, 2026 – Yesterday’s decision by the International Trade Commission ruling no violation in the case brought by R.J. Reynolds Tobacco Company and its affiliates is a corroboration and validation of what the Vapor Technology Association has passionately advocated for: a free and fair marketplace that limits the power of Big Tobacco monopolies and allows the independent U.S. vaping industry a chance to continue to deliver less harmful vaping products to American consumers struggling to quit smoking. 

Without this ruling, an exclusion order banning all nicotine vaping devices from entering the United States would have been implemented. Such a ban would have decimated the independent U.S. vaping industry – which accounts for more than $20 billion in economic output and employs approximately 130,000 Americans – and handed control of the entire vaping marketplace to a cigarette company, forcing Americans to return to smoking deadly cigarettes. 

The ITC’s decision yesterday represents a positive path forward for our industry. It proves that unlike the misguided FDA, some federal agencies are still willing to stand up to corporate interests for the good of our free market and American public health. The ITC’s decision, rejecting all of the claims, is a decisive blow against those seeking to use government agencies to corner a market and a huge step for President Trump’s America First agenda. 

We appreciate the ITC referencing our submission in its final decision and take this inclusion as a sign that the ITC seriously listened to the concerns of the massive American independent vaping industry.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

VTA Statement: Governor McMaster’s Decision to Sign SB 287

March 3, 2026 by Adam Katora Leave a Comment

WASHINGTON – March 3, 2026 –

“VTA is deeply disappointed that SB 287 has been signed into law, a burdensome and small business-crushing piece of legislation that will cripple South Carolina’s independent vaping industry and ultimately set back public health in the state. The provisions in this PMTA bill will harm South Carolina’s economy and eliminate access to the harm reduction benefits of e-cigarettes for adults looking to quit smoking.

SB 287 is detrimental to small business owners throughout the state, as well as the millions of consumers who rely on vapor products as a smoking cessation tool. Instead of prioritizing the health of South Carolinians who smoke and protecting products proven to be less harmful than combustible cigarettes, SB 287 is designed to limit the vapor products marketplace to a handful of tobacco-flavored and menthol-flavored, out-of-date products that were on the market over a decade ago and are controlled by Big Tobacco. SB 287 will lead to significant unintended consequences, including the closure of small businesses, hundreds of well-paying jobs lost across the state, and over $53 million of tax revenue dollars drained from the state’s economy.

The passage of this legislation sets a dangerous precedent of picking winners and losers through a directory system built on ambiguous compliance requirements, which will imperil the economic freedoms and consumer choices that are so important to South Carolinians.

Despite these developments in South Carolina, VTA continues its call for state and federal officials to establish scientific primacy and integrity in the regulations governing the safe and reliable sale of e-cigarettes to adult consumers.”

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

VTA Statement: Kansas Senate Bill 355

February 20, 2026 by Dev

Washington, D.C. – Friday, February 20, 2026: “VTA applauds the Kansas Legislature for advancing Senate Bill 355, legislation that takes meaningful, common-sense steps to protect Kansas youth from the marketing and sale of e-cigarettes; a bill that stands in stark contrast to the ineffective PMTA registry bills that have circulated in statehouses across the country. 

For years, VTA has called on state legislators to adopt smart youth protection laws that can actually make a difference. Kansas Senate Bill 355 does exactly that. The bill explicitly prohibits marketing e-cigarettes to minors by banning cartoon characters, youth-oriented imagery, celebrity endorsements, and entertainment features from packaging and advertising. These are substantive measures that will make a real difference, directly targeting the tactics of bad actors while protecting adult vapers’ freedom of choice. 

Too many states have been pushed to adopt PMTA registry bills that do nothing to address youth appeal, restrict deceptive marketing, or close age verification loopholes — the factors that drive youth access to e-cigarettes in the first place. 

VTA looks forward to working with the Kansas Legislature and Governor Kelly to ensure effective implementation of this law. We call on legislators in other states to follow Kansas’ lead by adopting proven policies to reduce youth access while preserving the right of adult consumers to access less harmful alternatives to cigarettes.” 

Statement attributable to Tony Abboud, Executive Director

# # #

Filed Under: Press Releases

VTA Statement: FDA Roundtable on Premarket Tobacco Product Application (PMTA) Submissions for Electronic Nicotine Delivery Systems (ENDS) Products

February 12, 2026 by Dev

Washington, D.C. – Thursday, February 12, 2026: On Tuesday, the FDA held a Roundtable on Premarket Tobacco Application (PMTA) Submissions for Electronic Delivery Systems (ENDS) Products. The Vapor Technology Association welcomed the opportunity for our members and other small businesses to participate and advocate on behalf of our industry, face-to-face with leadership at the FDA. 

We hoped to have a constructive, collaborative conversation that would advance a clear and fair regulatory approach that is grounded in scientific standards, predictability, and common sense. A standards-based framework would enable American companies to plan and invest in life-saving technologies, and would create an efficient process for the review and approval of lawful, American-made vapor products, including e-liquids and open-system devices. Scientific predictability and transparency are the only way to create a prosperous free market for life-saving vaping products – something President Trump’s administration typically supports as it’s in clear alignment with his America First policy agenda. 

Small businesses made it completely clear that they wanted and needed transparent and objective scientific standards governing how vape products should be made and how they should perform. VTA was pleased to hear Commissioner Makary acknowledge the need for scientific standards and predictability for small businesses. Unfortunately, we were disappointed by so many FDA representatives throughout the meeting who either argued for continued scientific ambiguity or completely rejected standards. Their comments signaled a lack of alignment among FDA leadership on providing clear and predictable scientific standards or guidance for our industry – or even benchmarks that would ensure product and consumer safety. We received no guarantee of additional clarity on the broken and opaque PMTA rule and process, which has been used to prevent access to the products that Americans who smoke want and need to quit smoking deadly cigarettes. 

While VTA applauds the FDA’s effort to engage with stakeholders, we hope that this roundtable is the first of many steps towards meaningful action, not the full extent. 

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

# # #

Filed Under: Press Releases

VTA’s Response to the TRO Granted in the State of Alabama Today

August 13, 2025 by Adam Katora Leave a Comment

Yesterday, in Vapor Technology Association, et al. v. Spencer, et al., Judge Monet Gaines granted our request for a Temporary Restraining Order (TRO) against the enforcement of Alabama House Bill 8 on the basis that the law is unconstitutional under the Foreign Commerce Clause and unconstitutional due to preemption. Today’s TRO extends to the plaintiffs in the case and VTA members.

This ruling marks an important step in our ongoing fight to protect small businesses from unfair and overreaching laws and regulations. While this is a temporary measure, it provides some critical relief for the many local vape retailers and distributors in Alabama working hard to serve adult consumers and stay afloat in a challenging environment. 

VTA will continue to lead the fight in courts across the country, defending the rights of small businesses, promoting innovation, and standing up for the 500,000 Americans who die every year from cigarette-related illnesses by advocating for access to safer vaping alternatives. However, it’s imperative that the Trump Administration prioritizes the adoption of new, common-sense, and streamlined scientific federal requirements that will protect American citizens and American business moving forward.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

Filed Under: Press Releases

VTA’s Response to the FDA’s Marketing Granted Order of Juul Labs

July 17, 2025 by Adam Katora

The Vapor Technology Association recognizes that while the FDA’s decision to authorize JUUL Labs’ e-cigarette products for sale in the U.S. is a long-overdue step that reaffirms the role of vaping in helping adults quit smoking, one authorization is simply not enough to put a dent in the number of American lives lost to cigarettes. 

The American independent vaping industry is at risk of being shut down. The FDA has deputized Customs and Border Protection (CBP) to seize products at the border based on an unlawful regulation. These interdictions are threatening tens of thousands of American small businesses and have limited adult Americans’ access to their most favored products, which make up over 70% of the market.

Given that JUUL’s application took FDA more than four years to review, VTA hopes that the authorization of the JUUL device is the catalyst for desperately needed streamlined FDA regulatory guidance that can create a marketplace filled with less harmful products that are essential to adult consumers and that are made in America.

We urge the FDA to streamline the regulation by bringing transparency, predictability, and consistency to a new guidance, end unlawful border seizures to save American small businesses, and recognize what’s at stake: the lives of 500,000 Americans who die each year from smoking. 

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association. 

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Filed Under: Government Updates, News, Press Releases

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