The American nicotine industry is interfering in the defense of the FDA's controversial new guidelines

American Vapor Manufacturers (AVM), Helix Innovations LLC, and NJOY LLC have filed separate motions to intervene on behalf of the Food and Drug Administration (FDA) in a federal lawsuit challenging its guidelines for regulating certain vaping products and nicotine pouches marketed without premarket authorization. Helix and NJOY are subsidiaries of the Altria group, active in nicotine pouches and vaping products, respectively. The lawsuit was initiated in July 2026 by the Campaign for Tobacco-Free Kids (CTFK) and several public health and tobacco control organizations, which are challenging the guidelines published by the FDA on May 8, 2026, entitled "Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization." The three plaintiffs argue that, despite their shared interest with the agency in defending these guidelines, their commercial interests do not overlap with the FDA's institutional responsibilities. They therefore wish to be able to directly defend their own interests in the proceedings, risking further weakening public health policies.