New tobacco products on the market without the required pre-market authorisation are marketed unlawfully and subject to enforcement action at the Food and Drug Administration (FDA)’s discretion.
All tobacco products that meet the definition of “tobacco product” in the Family Smoking Prevention and Tobacco Control Act – meaning nicotine pouches that derive from tobacco and synthetic nicotine – are subject to FDA enforcement actions.
This report analyses US federal enforcement actions in relation to nicotine pouches as well as examining the ten most populated states – including their localities – and their enforcement programmes.