FDA Authorizes NJOY ACE Tobacco-Flavored Electronic Nicotine Delivery System (ENDS) Products for Marketing

On April 26, 2022, the U.S. Meals and Drug Administration (FDA) licensed an extra 4 tobacco-flavored digital nicotine supply system (ENDS) merchandise for advertising beneath the Premarket Tobacco Product Utility (PMTA) pathway. Marketing granted orders (MGOs)[1] had been issued for the next NJOY tobacco-flavored ENDS merchandise:

  • NJOY Ace Machine: Closed e-cigarette gadget

  • NJOY Ace Pod Traditional Tobacco 2.4%: Closed e-liquid cartridge (double pack)

  • NJO Ace Pod Traditional Tobacco 5%: Closed e-liquid cartridge (double pack)

  • NJOY Ace Pod Wealthy Tobacco 5%: Closed e-liquid cartridge (double pack)

NJOY, one of many first corporations to introduce e-cigarettes to the U.S. market in 2007, is now the primary ENDS firm to obtain a PMTA MGO for a pod-based ENDS. NJOY can be the primary firm that’s impartial of the tobacco business to obtain an MGO.

Though FDA doesn’t “approve” tobacco merchandise, the MGO signifies that FDA has discovered that the tobacco-flavored NJOY Ace merchandise meet the rigorous “appropriate for the protection of the public health” (APPH) commonplace set forth within the Tobacco Management Act. In making this dedication, FDA cited to, amongst different issues, knowledge demonstrating that the general dangerous and doubtlessly dangerous constituent (HPHC) ranges within the aerosol of the merchandise had been decrease than HPHC ranges within the smoke from flamable cigarettes. NJOY additionally supplied knowledge demonstrating that customers of the licensed merchandise had decrease ranges of publicity to HPHCs in comparison with customers of each the licensed merchandise and flamable cigarettes. FDA advised that these merchandise, due to this fact, have the potential to learn grownup people who smoke by considerably lowering or altogether eliminating their consumption of flamable cigarettes. FDA additionally decided that this potential profit to grownup people who smoke outweighed the potential danger of youth initiation, supplied that NJOY follows post-marketing necessities to cut back youth entry and publicity to their advertising.

A number of different NJOY Ace merchandise, together with fruit-flavored cartridges, had been issued advertising denial orders (MDOs) and should be faraway from the market instantly or be topic to enforcement motion. Two NJOY functions for menthol-flavored Ace pods are nonetheless beneath evaluation, and are prone to stay beneath evaluation for now, given FDA’s latest proposal of a nationwide ban on menthol cigarettes. In response to former Heart for Tobacco Products Director Mitch Zeller, thus far, FDA has refused or denied premarket functions for over 99% of non-tobacco and non-menthol flavored ENDS.

Previous to the NJOY authorizations, FDA had solely issued MGOs for the Vuse Solo system from the R.J. Reynold Vapor Firm, in addition to the Logic Vapeleaf, Logic Professional, and Logic Energy techniques from Logic Know-how Growth LLC, which mixed account for lower than 1% of the U.S. c-store market. As compared, NJOY is the third-largest vape producer within the U.S., accounting for just a little over 3% of the market, after the favored JUUL system (by Juul Labs, accounting for round 38% of the market) and the Vuse Alto system (by the R.J. Reynold Vapor Firm, accounting for round 30% of the market).

As mentioned beforehand, FDA had signaled that it will start to challenge selections on PMTA functions for standard ENDS merchandise that account for a big share of the market and, due to this fact, have a larger potential to impression public well being. On April 15, the District Court docket for the District of Maryland issued an order that FDA present status reports on its progress on excellent PMTAs, so we will anticipate this course of to be accelerated.

ENDNOTES

[1] See advertising granted orders issued to NJOY LLC, out there at: https://www.fda.gov/media/157958/download.

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