This week, Rep. Raja Krishnamoorthi (D-Ill.) pressed the FDA for answers about its September 28 announcement that it is considering replacing the 2021 rules governing Premarket Tobacco Product Applications, the PMTAs that decide which vape products can legally stay on the US market.
As co-chair of the Congressional Caucus to End Youth Vaping, Krishnamoorthi wants to know not just what the FDA plans to change, but who the agency consulted and whether the science bar for new tobacco products could drop.
The questions on the table
Krishnamoorthi’s letter zeroes in on three areas of concern.
First, the science. He questioned whether changes to the 2021 framework could reduce the scientific requirements for new tobacco products, and he wants the FDA to identify exactly which provisions of the rule it may change.
Second, the influence. He asked whether the FDA consulted tobacco manufacturers, industry associations, or parties challenging the current framework before announcing the review, and requested communications between FDA officials and Altria, Reynolds American, their subsidiaries, and other parties involved in challenges to the rules.
Third, the track record. He cited the FDA’s recent authorizations of flavored e-cigarettes and Juul products, and asked the agency to explain the evidence supporting any changes, address the relationship between the illicit market and lawful authorization requirements, and outline additional enforcement actions.
To see which products have actually cleared the bar so far, check our FDA authorized vapes list.
Why this matters now
The FDA’s September 28 announcement opened the door to replacing rules that have shaped every vape authorization decision since 2021. For critics, the risk is a loosened standard just as flavored products and brands like Juul are re-entering the authorized-sales conversation.
A rewrite could mean clearer pathways to market for the industry. For youth vaping advocates, it could mean more products on shelves with less evidence behind them. Krishnamoorthi’s letter is an early attempt to force the FDA to show its hand before the review’s direction hardens.
What the FDA must answer by October 20
Krishnamoorthi requested written responses by October 20, and he wants specifics, not talking points: which provisions may change, what evidence justifies the change, how the agency connects the illicit market to lawful authorization requirements, and what additional enforcement it plans.
How the FDA responds will shape the debate over vaping regulation heading into 2027. Whether the agency treats this as a technical update or a full rewrite of the 2021 rules remains the open question, and October 20 is when the first answers are due.
Source: Letter from Rep. Raja Krishnamoorthi to FDA Acting Commissioner Kyle Diamantas, reported October 8, 2026.