CDA NEWS - JULY 31, 2025

New Coalition Chaired By Richard Burr Formed to

Respond to Illegal Vape Market Crisis

In response to the flood of illegal and unregulated tobacco and nicotine products in the U.S, a broad group of regulated manufacturers, retailers and distributors launched the “Coalition for Smarter Regulation of Nicotine” (Regulate Smarter) to advance a modern, common-sense approach to regulating nicotine products. Chaired by former U.S. Senator Richard Burr (R-NC), Regulate Smarter will advocate that the U.S. Food and Drug Administration’s (FDA) Center for Tobacco Products (CTP) adopt a science-based regulatory framework to establish a well-regulated marketplace that continues to drive underage use down and meets the growing demand among adult tobacco consumers for proven less-harmful nicotine products. Read more here.

THE FDA SEEKS NOMINATIONS FOR THE TOBACCO PRODUCTS

SCIENTIFIC ADVISORY COMMITTEE

On July 30, 2025, the U.S. Food and Drug Administration (FDA) sent a notice requesting nominations for voting members to serve on the Tobacco Products Scientific Advisory Committee (TPSAC) by Aug. 25, 2025. Individuals may self-nominate or be nominated by any interested person or organization. TPSAC advises FDA in its responsibilities related to the regulation of tobacco products, such as any application submitted by a manufacturer for a modified risk tobacco product. The committee reviews and evaluates safety, dependence and health issues concerning tobacco products and provides appropriate advice, information and recommendations to the FDA commissioner.

Specifically, TPSAC is seeking to fill five vacancies with physicians, dentists, scientists or health care professionals practicing in oncology, pulmonology, cardiology, toxicology, pharmacology, addiction, engineering or any other relevant specialty. Included in the five vacancies is one vacancy for a representative of the general public, and one vacancy for an employee of federal, state or local government. Selected members will be invited to serve for terms of up to four years, which will begin on Feb. 1, 2026, after the current members’ terms expire. Read more here.

FDA Recommends Kratom Byproduct

to be Classified Alongside Illegal Drugs

On July 29, 2025, the U.S. Food and Drug Administration (FDA) announced plans to crack down on an opioid substance derived from the kratom plant known as 7-hydroxymitragynine (7-OH). FDA Commissioner Marty Makary said the agency is urging the Drug Enforcement Agency (DEA) to classify 7-OH as a Schedule 1 substance.

7-OH can be found in tablets, gummies and drink mixes commonly sold online, in gas stations and convenience stores. FDA officials said they are not targeting the herbal supplement kratom but products containing its byproduct sold in synthetic concentrations. The FDA has already issued warning letters to seven companies for illegal marketing products containing 7-OH. The products advertise the compound as an added ingredient, or being included at enhanced levels. Read more here.

States Sue USDA Over SNAP Applicant Personal Data

On July 28, 2025, a coalition of 21 states and Washington, D.C. filed a lawsuit against the U.S. Department of Agriculture (USDA) after the agency told states to turn over the detailed, personal information of food assistance applicants and their household members.

The USDA has told states they have until July 30, 2025, to provide data about all applicants to the Supplemental Nutrition Assistance Program (SNAP), over the last five years, including names, Social Security numbers, birth dates and addresses. The agency broadened the scope of information it is collecting to include other data points, including immigration status and information about household members. While immigrants without legal status are ineligible for SNAP benefits, U.S. citizen children can qualify for the program regardless of the immigration status of their parents.

The suit asserts that the USDA's data collection plan is unconstitutional, violates federal privacy laws and USDA's own authority. In addition to the USDA and Agriculture Secretary Brooke Rollins, the suit also names the USDA's Office of Inspector General as a defendant, as that office has been separately requesting sensitive data from some states. Read more here.