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  1. Market and Distribute a Tobacco Product

Actions on Tobacco Product Marketing Applications From CY 2013 to FY 2020

Below are FDA actions taken on premarket tobacco product applications, substantial equivalence reports and requests for exemption from substantial equivalence prior to the current fiscal year.

Note: FDA changed from calendar year (CY) reporting to fiscal year (FY) reporting at the end of CY2016.

PMTA Actions CY 2014 CY 2015 CY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total through FY2020
Marketing Granted Orders 0 8 0 0 0 4 2 14
Marketing Denial Orders 0 0 0 0 0 0 6 6
Refuse-to-File (RTF) 4 0 0 1 0 2 219 226
Refuse-to-Accept (RTA) 0 0 362 5 0 1 150 518
Withdrawn by Applicant 0 0 0 3 0 0 0 3

Actions on Substantial Equivalence (SE) Reports CY 2013 through FY 2020

SE Actions CY 2013 CY 2014 CY 2015* CY 2016** FY 2017 FY 2018 FY 2019 FY 2020 Total through FY2020
Substantial Equivalence (SE) Orders 17 78 460 47 79 255 296 213 1419
Not Substantially Equivalent (NSE) Orders 13 25 114 30 63 87 84 17 409
Refuse-to-Accept (RTA) 0 16 16 **672 15 0 10 66 378
Withdrawn by Applicant 207 301 473 409 339 227 236 89 2184
Total Applications Received -- -- -- -- 132 104 302 7071 13759

*In CY 2015, FDA also issued 23 SE order rescissions. 
** In CY 2016, there were 267 Full Report RTAs and 405 Same Characteristic Report Cancellations.
-- Denotes that the metric wasn’t measured during that time period.


Actions on Exemption from Substantial Equivalence Requests CY 2013 through FY 2020

EX Actions CY 2013 CY 2014 CY 2015 CY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total through FY2020
Exempt (EX) Orders -- -- 1 0 26 58 244 219 546
Not Exempt (NEX) Orders     -- -- -- -- 0 2 14 70 92
Refusal-To-Accept (RTA) 22 14 14 5 25 0 21 23 99
Withdrawn -- -- -- 9 0 2 20 4 59
Total Applications Received -- -- -- -- -- -- 366 546 1115

-- Denotes that there was no data to report during that time period or that the metric wasn’t measured during that time period.

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