A huge backlog became a smaller—but still unresolved—queue

The Food and Drug Administration received more than 25 million tobacco-product applications in 2020 and 2021 after its authority expanded to products including e-cigarettes. That compared with just over 1,000 applications in 2018 and 2019, according to the Government Accountability Office.

FDA reviewed most of the surge, but nearly 132,000 applications still lacked a completed review as of December 31, 2025. The progress is substantial; the remaining number is not evidence that 132,000 distinct products were legally authorized or found safe.

The average review took 507 days

Across calendar years 2018 through 2025, GAO calculated an average of 507 days to complete a tobacco-product application review. FDA sets goals for individual phases ranging from seven to 180 days, but GAO found the agency did not meet its screening goals even as performance improved.

An overall average cannot show how long every application waited. Different product pathways, incomplete submissions and the extraordinary 2020-2021 volume can produce wide variation around that figure.

GAO's application-review findings
MeasureFinding
Applications received in 2018-2019Just over 1,000
Applications received in 2020-2021More than 25 million
Incomplete as of Dec. 31, 2025Nearly 132,000
Average completion time, 2018-2025507 days

FDA could not measure a critical review phase

GAO said FDA's data system was not designed to track steps in the scientific-review phase. Without those data, the agency cannot determine whether it is meeting its own timeliness goals for examining the evidence manufacturers submit.

The watchdog recommended that FDA collect the necessary information and monitor performance across all application pathways. The Department of Health and Human Services agreed, but GAO listed the recommendation as open when the report was released October 1.

Authorization is not a safety endorsement

Completing a review clarifies whether a product may be legally marketed; it does not make tobacco harmless or convert an authorization into an FDA approval in the way consumers may understand that term.

The measurable follow-up is whether the open queue shrinks, whether scientific-review timing becomes auditable and whether FDA can act more quickly on products that lack authorization.

Sources and further reading

GAO-26-108195: FDA tobacco-product application reviews ↗

GAO full report ↗

Photograph source and CC BY 2.0 license record ↗