Week of January 12 Regulatory Intelligence Recap

Trade Press and Regulatory Summary:

U.S. Federal Updates

• FDA Premarket Tobacco Product Application (PMTA) Delays: There have been no new PMTA decisions for nearly four weeks following the brief and then retracted update that included Glas, an age-gated device.

• Smokeless Tobacco Product Warning Plans: The FDA has proposed an extension of an existing information collection for warning plans for certain smokeless tobacco products. This collection relates to statutory requirements for mandated health warnings on smokeless tobacco packaging and advertising, which must be randomly displayed and rotated quarterly.

State Level Updates

• California Unflavored Tobacco List (UTL): A Los Angeles County Superior Court judge denied a request by premium cigar manufacturers and trade groups to block the enforcement of California’s UTL requirements on January 12. This decision is part of an ongoing state court case challenging emergency regulations tied to Assembly Bill 3218.

• Iowa Vape Registry Law: An Eighth Circuit Court of Appeals panel has raised questions regarding Iowa’s e-cigarette registration law, House File 2677. The case centers on whether the state law falls within its broad powers under the Tobacco Control Act’s savings clause or is prohibited by the act’s preemption clause.

• Kentucky Licensing and Penalties: Senate Bill 100 took effect at the beginning of 2026, requiring all tobacco and vape retailers in Kentucky to be licensed by the new Division of Tobacco, Nicotine, and Vapor Product Licensing. The law imposes stricter penalties for retailers and mandates that 50% of fines collected from violations be directed toward vaping prevention efforts.

• West Virginia Legislative Session: As the 2026 legislative session began, the American Cancer Society Cancer Action Network (ACS CAN) called for a cigarette tax increase of $1.50 per pack and for parallel tax rates on all other tobacco products. ACS CAN also urged the governor to invest $5 million, along with proceeds from a settlement with Juul, into tobacco prevention and cessation programs.

• Arizona Enforcement Action: The Arizona Attorney General has filed civil complaints against several vape stores for allegedly selling tobacco products to underage consumers. The lawsuits target shops across Scottsdale, Chandler, and Tempe.

• Alabama Senate Bill 9: Lawmakers in Alabama are considering Senate Bill 9, which would expand the state’s Indoor Clean Air Act to include a ban on vaping in indoor public spaces. This proposed legislation follows a period of legal challenges to the state's previous efforts to restrict vape sales.

Trade Press and International Updates

• South Korea Judicial Ruling: The Seoul High Court ruled against the National Health Insurance Service (NHIS) in its long-running damages suit against tobacco companies, including KT&G, Philip Morris Korea, and British American Tobacco Korea. The court's decision marks the second instance conclusion of the roughly $34 million suit nearly 12 years after it was first filed.

• British American Tobacco (BAT) Legal Action: BAT’s U.S. subsidiary, R.J. Reynolds Tobacco Co., has requested that the U.S. International Trade Commission (ITC) initiate an investigation into alleged regulatory and competitive violations by Heaven Gifts International, the parent company of brands like Elf Bar and Geek Bar. (See Analysis Below)

• Nicotine Pouch Market Trends: A report in Men’s Health discusses the significant rise in popularity of nicotine pouches, noting their use by high-profile figures. While pouches are considered safer than smoking, experts warn of risks such as nicotine addiction, cardiovascular strain, and potential oral health issues.

• Vape Industry Resilience: Executives from several oil and retail companies have expressed that the tobacco industry remains resilient despite challenges from the illicit vape market. They noted significant growth in the nicotine pouch business and expect tobacco products to remain a staple of the convenience store market.