Switching Evidence on Trial: What FDA’s decisions regarding JUUL and blu, and the outcome of Wages vs. FDA mean for Nicotine product marketing authorizations in the USA.

Von wdo, 21. August 2025

Company: ARAC - Applied Research and Analysis Company

The election of Donald Trump in November 2024 prompted great anticipation in the nicotine and tobacco industry among those hoping that the incoming administration would overhaul the beleaguered PMTA process. To many, it seemed that the Reduction In Force orders would force the agency to reduce the evidentiary standards for PMTA applicants, reducing the barriers to market entry and expediting reviews. But instead, and perhaps prompted by the recent SCOTUS ruling in favor of FDA, the authorization of Juul and the denial of Blu suggest that the FDA remains unwavering in its commitment to assess public health benefit on the basis of robust and reliable evidence submitted by applicants. 

This session draws on evidence from FDA guidance to industry, Press Releases accompanying recent MDOs and MGOs, the recent SCOTUS ruling and circuit court litigation to explore the integral role of behavioral science in product authorization. The ‘lessons learned’ from triangulating evidence from these sources should inform current and prospective PMTA applicants’ strategy.

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Sprecher

Samuel Hampsher-Monk

Von wdo, 21. August 2025

Samuel ‘Sam’ Hampsher-Monk joined Applied Reaserch and Analysis Company (ARAC) in January 2025 as VP, Global Regulatory Strategy and Business Operations, having spent seven years as Managing Director of BOTEC Analysis where he led international, multidisciplinary research on cannabis, tobacco, and nicotine product regulation for state and municipal agencies, research institutions, and philanthropic foundations. His work has spanned consumer product regulation, taxation, illicit trade, policy reform, and social justice. His peer-reviewed research has been published in the Journal of Consumer Policy and the Journal of Health Communication and his commentary on tobacco and nicotine regulation has been published by the C. D. Howe Institute. He was the lead author of Clearing the Air on E-Cigarettes and Harm Reduction: Tobacco Control, Economics, and Public Health (Palgrave Macmillan, 2024).

Samuel Hampsher-Monk
VP, Global Regulatory Strategy and Business Operations ARAC
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