A coalition of public health organizations, pediatricians, and parents has filed a lawsuit against the U.S. Food and Drug Administration (FDA), challenging a policy introduced in May that allows certain unauthorized vaping products and nicotine pouches to remain on the market while their marketing applications are under review.

The plaintiffs argue that the policy violates the Tobacco Control Act, which requires products to obtain marketing authorization before they can be sold. According to the complaint, the guidance could allow thousands of unauthorized e-cigarette and nicotine pouch products, including flavored varieties that are particularly popular among young people, to remain available indefinitely.

The lawsuit also claims the FDA failed to follow legally required public notice and comment procedures before issuing the policy. In addition, it challenges the agency’s plan to publish a list of products that will not be prioritized for enforcement, arguing that such a move could enable continued sales of unauthorized products.

The coalition includes the Campaign for Tobacco-Free Kids, the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, Truth Initiative, and Parents Against Vaping. The case will be heard in a federal court in Maryland, the same court that struck down a similar FDA policy in 2017.