Conaway Leads 36 Members in Letter to FDA Official on Regulation of Nicotine Products
Washington, D.C. — Today, Congressman Herb Conaway, MD led a group of 36 members in writing a letter to Acting Director of the Center for Tobacco Products at the FDA, Dr. Bret Koplow. The letter aims to “seek greater information regarding FDA’s nicotine pouch pilot program and to raise concerns regarding the agency’s recent enforcement guidance that will allow some unauthorized nicotine pouch products to enter or remain illegally on the market without FDA authorization.”
In 2025, the FDA launched a pilot program to more efficiently review certain premarket tobacco product applications for nicotine pouch products. By May 2026, the agency had authorized six products, including flavored varieties, and announced that it would apply “lessons learned” from the pilot program to future reviews without disclosing what those lessons are or whether the program maintained the scientific rigor required by law. Additionally, the FDA’s recent enforcement discretion guidance allows certain nicotine pouch products to enter or remain on the market without authorization, which violates the Tobacco Control Act’s requirement that products receive authorization before entering the market.
“Nicotine pouches are one of the most popular tobacco products among youth today,” said Congressman Herb Conaway, MD. “The proper and lawful regulation of these products is vital for public safety and youth safety. That’s why I am urging the FDA to rescind this guidance and pursue enforcement against unauthorized products.”
This letter was signed by Representatives: Beatty, Carson, Chu, Cleaver, Cohen, DeLauro, DelBene, Deluzio, DeSaulnier, Dexter, Figures, Chuy García, Gottheimer, Grijalva, Hayes, Ivey, Kelly, Krishnamoorthi, Levin, McBride, McIver, Neguse, Holmes Norton, Plaskett, Quigley, Raskin, Schrier, Sorensen, Suozzi, Thanedar, Tlaib, Tokuda, Underwood, Vindman, Wasserman Schultz, and Watson Coleman.
This Letter is endorsed by the following organizations: American Academy of Pediatrics, American Cancer Society Cancer Action Network, Campaign for Tobacco-Free Kids, Truth Initiative, and The American Heart Association.
###