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A federal appeals court ruled the FDA exceeded its authority by requiring 11 graphic cigarette warnings — Congress only authorized nine. The same legal theory — that the agency went beyond what Congress allowed — is being used to challenge the FDA’s nicotine pouch enforcement guidance in a separate lawsuit.

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The FDA has authorized 30 nicotine pouch products in 2026 — including 20 ZYN pouches with reduced-risk claims and four new flavored on! pouches. Public health groups, pediatricians and parents responded by suing the agency, arguing its enforcement policy lets products reach the market without legally required scientific review. The American Heart Association says the program was "never adequately explained to the public."

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BAT Kenya faces a Sh4.5 billion constitutional petition over how it marketed VELO nicotine pouches, and has asked the High Court to strike it out. The case is the first real test of whether Kenya’s cigarette-era Tobacco Control Act can reach a smokeless pouch.