Vape Company Takes FDA to Court for Stalling Premarket Decision for Half a Decade

Nov.26.2025
Vape Company Takes FDA to Court for Stalling Premarket Decision for Half a Decade
California-based vape manufacturer Schwartz E-Liquid (USA Vape Lab) has sued the U.S. Food and Drug Administration (FDA) in federal court, alleging the agency unlawfully failed to issue a decision on its premarket application for flavored e-cigarette products for more than five years. The company is seeking a court order compelling the FDA to act within 90 days.

Key Points

 

  • Plaintiff: Schwartz E-Liquid (USA Vape Lab)
  • Defendant: U.S. Food and Drug Administration (FDA)
  • Court: U.S. District Court for the District of Columbia
  • Case Number: 1:25-cv-04093
  • Main Allegation: FDA violated federal law by failing to rule on a PMTA within the required 180 days
  • Requested Relief: Court order requiring FDA to issue a decision within 90 days
  • Counsel: Thompson Hine LLP represents Schwartz

 

 

2Firsts, November 26, 2025 — According to Law360,California vape company Schwartz E-Liquid, doing business as USA Vape Lab, has filed a lawsuit against the U.S. Food and Drug Administration (FDA) in the U.S. District Court for the District of Columbia, accusing the agency of unlawfully delaying its decision on flavored e-cigarette products for five years — far beyond the 180-day statutory limit under the Food, Drug, and Cosmetic Act (FDCA).

 

In the complaint filed Friday, Schwartz said the FDA’s inaction has left the company in “limbo,” unable to plan its business strategy or decide whether to continue investing in its flavored products. The lawsuit argues that the agency’s failure to issue a decision effectively blocks lawful market participation and creates uncertainty for American manufacturers.

 

Schwartz further alleges that the FDA seized some of its products from a Chicago distributor despite claiming to exercise “enforcement discretion” toward products with pending premarket applications that were already on sale when FDA oversight began. The company contends that competing products remain on store shelves, while its own were unfairly targeted.

 

The complaint also accuses the FDA of favoring major tobacco firms — including Altria and Reynolds American — by conducting expedited reviews for their applications, even when those were filed long after Schwartz’s submission.

 

Schwartz is asking the court to compel the FDA to render a final decision within 90 days and to take into account the population-level reach of flavored products when evaluating their public health impact. The company argues that flavored e-cigarettes, while potentially less effective per user in reducing cigarette use, have far greater popularity and reach, resulting in a larger net reduction in smoking overall.

 

In a statement, Schwartz founder Huy Nguyen said:

 

“We felt that we had no choice but to initiate this lawsuit. The FDA has ignored its statutory duty for years while threatening American manufacturers with seizures over products that are still awaiting a lawful decision.”

 

The FDA did not immediately comment on the lawsuit.

 

Image source: Law360

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Product|PMI Expands High-Strength Nicotine Pouch Portfolio With Zyn 16.5mg
Product|PMI Expands High-Strength Nicotine Pouch Portfolio With Zyn 16.5mg
According to Better Retailing, Philip Morris International (PMI) has launched Zyn Menthol Ice 16.5mg in the UK, marking the highest-strength nicotine pouch in the Zyn range to date. The eucalyptus- and menthol-flavored product is now available through PMI Open and will begin rolling out to wholesale channels from the end of May.
PMI
May.28
Nicotine Pouches Lead U.S. Tobacco Growth as Vape Sales Decline
Nicotine Pouches Lead U.S. Tobacco Growth as Vape Sales Decline
New convenience store industry data show nicotine pouches have become the primary growth driver in the tobacco category, with oral nicotine sales rising nearly 30% over the past year while vape sales declined.
Business
Jun.05
PMI’s ZYN Launches Loyalty Platform in Mexico, Tapping World Cup Viewing Scenes for Nicotine Pouch Marketing
PMI’s ZYN Launches Loyalty Platform in Mexico, Tapping World Cup Viewing Scenes for Nicotine Pouch Marketing
PMI’s nicotine pouch brand ZYN has launched the ZYN Club loyalty platform in Mexico and introduced ZYN Live Stadium viewing experiences around football matches, showing how nicotine pouch brands are using rewards, limited benefits and offline consumption settings to reach adult consumers.
Jun.29
BAT Estimates U.S. Unauthorized Vape Market at $9.4 Billion, Plans New Vuse and Velo Launches After FDA Enforcement Shift
BAT Estimates U.S. Unauthorized Vape Market at $9.4 Billion, Plans New Vuse and Velo Launches After FDA Enforcement Shift
British American Tobacco (BAT) CEO Tadeu Marroco said the U.S. unauthorized vape market is worth about £7 billion, or US$9.43 billion. Following a shift in FDA enforcement policy, BAT plans to launch flavored Vuse products in the third quarter and an updated Velo pouch in August or September.
Jun.15
Bloomberg: Zyn’s Dry-Mouth Problem Threatens Its Hold on Nicotine Pouch Market
Bloomberg: Zyn’s Dry-Mouth Problem Threatens Its Hold on Nicotine Pouch Market
According to Bloomberg, Philip Morris International’s Zyn is facing growing competition in the U.S. nicotine pouch market as consumers shift toward moister alternatives such as British American Tobacco’s Velo Plus.
BATPMI
May.22
UK Disposable Vape Ban Marks One Year as Adult Use Falls to 8% and Youth Use to 13%
UK Disposable Vape Ban Marks One Year as Adult Use Falls to 8% and Youth Use to 13%
One year after the UK ban on single-use disposable vapes took effect, YouGov data commissioned by Action on Smoking and Health shows that 13% of 11-17-year-old vapers and 8% of adult vapers now mainly use disposable products.
Jun.18