NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”

Sep.25
NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
At the 2026 New Approaches Summit in New York, former FDA Center for Tobacco Products Director Mitch Zeller called for the tobacco harm reduction debate to shift from the traditional “end game” toward defining a desired “end state.” He also highlighted unresolved concerns around dual use, argued that biomarkers of exposure may be more meaningful than cigarettes-per-day in assessing risk reduction, and said nicotine misperceptions remain a major barrier to public health progress.

Key Points

● From “End Game” to “End State”: Zeller argued that tobacco harm reduction should begin by defining the desired “end state,” then work backward to determine regulatory priorities, product roles and future actions.

● Two Possible Future States: One would remove combustible tobacco products while retaining alternative tobacco and nicotine consumer products; the other would also remove consumer nicotine products, leaving nicotine only for therapeutic use.

● Dual Use Remains a Key Question: Zeller said the greatest risk reduction comes from complete substitution for cigarettes, while the long-term significance of dual use remains unresolved.

● Risk Reduction Requires Better Metrics: He said cigarettes smoked per day alone may not adequately measure reduced risk, pointing instead to biomarkers of exposure as a potentially more meaningful indicator.

● Nicotine Misperceptions Remain a Barrier: Zeller said nicotine does not directly cause cancer, lung disease or heart disease, while emphasizing continued concerns around addiction and youth use.


 2Firsts

New York, September 25, 2026

The 2026 New Approaches Summit was held Friday at the Harvard Club of New York City under the theme “Saving Lives in the 21st Century.” The meeting brings together participants from public health, regulation, science and industry to discuss tobacco control and harm reduction. 2Firsts is reporting from the event.

Mitch Zeller, J.D., former director of the U.S. Food and Drug Administration’s Center for Tobacco Products (CTP), called for a reframing of the long-running debate over tobacco harm reduction.

Zeller served as CTP director from March 2013 through April 2022, leading the center for more than nine years. In 2017, Zeller and then-FDA Commissioner Scott Gottlieb set out a nicotine-focused regulatory framework that placed nicotine and addiction at the center of FDA tobacco policy. The approach included consideration of reducing nicotine in combustible cigarettes to minimally or non-addictive levels, while recognizing differences in risk across nicotine-delivery products and seeking to address public misperceptions about nicotine.

At the summit, Zeller argued that the discussion should move beyond the familiar concept of a tobacco “end game” and instead focus on the desired “end state.”

He described two possible future states. In one, combustible tobacco products would be removed from the market, while alternative tobacco and nicotine consumer products would remain available. In the other, consumer nicotine products would also be removed, leaving nicotine available only for therapeutic use.

Zeller proposed starting with that fundamental choice and then working backward. Participants, he said, should first identify the future state they want, then consider what role alternative and less harmful products would play, what gaps remain, and what would need to happen over the next five to 10 years to reach that outcome.

The approach, he suggested, could move the discussion away from beginning with entrenched arguments over harm reduction or individual product categories.

NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
In his closing remarks, Mitch Zeller called for reducing nicotine levels in cigarettes and certain other combustible products, while addressing nicotine misperceptions, advancing dialogue on harm reduction, and increasing the availability of authorized alternative products. Photo: 2Firsts

Dual Use Remains an Unresolved Question

Zeller also devoted significant attention to dual use — the simultaneous use of cigarettes and alternative nicotine products.

He said the greatest reduction in risk from alternative products comes through complete substitution for cigarettes, while noting that important questions remain about what dual use means in the real world.

One possibility, he said, is that dual use represents a transitional period before smokers eventually switch completely. Another is that it becomes a persistent pattern in which consumers continue smoking cigarettes while also using alternative products.

During the discussion following his remarks, Zeller said the number of cigarettes smoked per day should not, on its own, be treated as an adequate measure of risk reduction.

Instead, he pointed to biomarkers of exposure as a potentially more useful measure of whether reducing cigarette consumption actually results in lower exposure to harmful constituents.

“The ultimate goal obviously should be becoming cigarette-free,” Zeller said, while adding that meaningful reductions in toxicant exposure could still matter for smokers who are unable to switch completely.

NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
Mitch Zeller presents U.S. tobacco and nicotine use data, including trends in youth nicotine pouch and e-cigarette use, as well as dual use. Photo: 2Firsts

Nicotine Misperceptions Remain a Barrier

Zeller also returned to an issue that was central to the FDA’s nicotine-focused framework during his tenure: public understanding of nicotine.

He said nicotine does not directly cause cancer, lung disease or heart disease, while emphasizing that it remains addictive and that uptake among people who do not currently use tobacco products, particularly young people, remains a concern.

In his closing remarks, Zeller said nicotine risk misperceptions need to be addressed and called for more authorized products to be available on the market.

“We need more authorized products on the marketplace,” he said, adding that the field also needs “more answers and fewer questions.”

Follow 2Firsts for the latest coverage from the 2026 New Approaches Summit.

 

Mitch Zeller speaks at the 2026 New Approaches Summit in New York. Photo: 2Firsts


2FIRSTS | NAS × FDLI 2026 | U.S. Tobacco & Nicotine Regulation and Industry Insights
2FIRSTS | NAS × FDLI 2026 | U.S. Tobacco & Nicotine Regulation and Industry Insights
2Firsts covers the 2026 New Approaches Summit (NAS) and the Food and Drug Law Institute (FDLI) Tobacco and Nicotine Products Regulation and Policy Conference, reporting on U.S. tobacco regulation, scientific research and industry developments.
www.2firsts.com


Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Germany Probes 7.6 Million Illegal Vape Case With Estimated €33.3 Million Tax Loss; Four Chinese Manufacturer Employees Under Investigation, Some Packaging in Enforcement Images Resembles FUMOT Products
Germany Probes 7.6 Million Illegal Vape Case With Estimated €33.3 Million Tax Loss; Four Chinese Manufacturer Employees Under Investigation, Some Packaging in Enforcement Images Resembles FUMOT Products
German prosecutors and customs authorities are conducting a criminal investigation into an alleged cross-border organised vape network. Authorities say that between January 2024 and March 2025, four employees of an unnamed Chinese e-cigarette manufacturer allegedly built a network of sales agents and wholesalers that brought more than 7.6 million nicotine disposable vapes into Germany, causing an estimated €33.3 million in excise-tax losses. The manufacturer has not been named. Some products visible in enforcement images have packaging resembling products from FUMOT’s portfolio. European regulatory records from 2024, FUMOT’s public overseas-sales materials and records involving German vape importer and distribution company Zamu-Pro GmbH also show FUMOT/RandM products and German distribution activity during the period covered by the investigation.
Sep.21
Canada Considers Easing Pharmacy-Only Nicotine Pouch Sales Rules, Potentially Reopening Convenience Store Channel
Canada Considers Easing Pharmacy-Only Nicotine Pouch Sales Rules, Potentially Reopening Convenience Store Channel
Canada's federal government is considering changes to current restrictions on where nicotine pouches can be sold, potentially allowing authorized products to return to convenience stores and other general retail channels, although no decision has been made. Since 2024, emerging nicotine replacement therapy products such as nicotine pouches have been largely restricted to behind-the-counter pharmacy sales. Health Canada, meanwhile, continues to recall unauthorized and higher-strength nicotine pouches, indicating that the current discussion concerns retail access for authorized products rather than a broad relaxation of nicotine pouch regulation.
Sep.14
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona's First Things First is pushing for an excise tax equal to 50% of the retail price of vaping products, estimating that the measure could generate about $100 million annually. The agency says its tobacco-tax revenue has fallen 47% from 2008 levels. Arizona has attempted to broaden its nicotine tax base in each of the past two years: a 2025 bill proposed a 50% wholesale-price tax, while a 2026 measure shifted to a 50% retail-price tax covering alternative nicotine products and vapor products. Separately, the state enacted HB 4001 this year to establish a new licensing and sales framework for alternative nicotine products.
Sep.21
Special Report | From New York to Washington: How FDA’s Tobacco Center Is Reworking Product Review
Special Report | From New York to Washington: How FDA’s Tobacco Center Is Reworking Product Review
FDA’s Center for Tobacco Products is reshaping how it approaches tobacco product review. Based on 2Firsts’ on-site reporting in New York and Washington, this report traces CTP’s emerging direction: stronger links between PMTA and tobacco harm reduction, more category-specific review, greater emphasis on decision-relevant science, more predictable timelines and expanded use of sPMTA for product modifications. CTP also acknowledged major constraints, including just nine PMTA review teams, persistent backlogs and limits on hiring capacity.
Regulations
Oct.08
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore and four authorized U.S. CCELL distributors are asking a California federal court to permanently dismiss a core antitrust claim brought by direct purchasers. Plaintiffs allege that Smoore coordinated minimum wholesale prices, customer allocation and limits on price competition among distributors, amounting to a per se unlawful horizontal conspiracy. The defendants say the alleged conduct reflects ordinary vertical relationships between a manufacturer and its distributors. The court previously dismissed a similar claim, and the latest dispute centers on whether the second amended complaint adds sufficient facts to establish a horizontal agreement.
Sep.14
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
U.S. Customs and Border Protection ruled that STIIIZY had not shown that the redesigned cannabis-vape products covered by its latest request fall outside an ITC limited exclusion order tied to PAX Labs patents. CBP accepted some of STIIIZY’s claim-construction and non-infringement arguments, but the company did not address two additional claims in the same patent. Earlier STIIIZY redesigned cartridges and certain associated components imported with them had received separate CBP clearance.
Sep.16