Altria Group, Inc. (NYSE:MO), the maker of Marlboro cigarettes, is suing the U.S. Food and Drug Administration over the way it reviews new tobacco products. The company wants the FDA to change a system it says has led to long delays and made it difficult for products such as its on! nicotine pouches to reach consumers.
The dispute is centered on the FDA’s premarket tobacco product application system. Under U.S. law, new tobacco products generally need FDA approval before they can be legally sold. Altria Group, Inc. (NYSE:MO) says the agency has not been meeting the required 180-day review timeline. The company also argues that these delays put legal products at a disadvantage while illicit products remain available.
The lawsuit matters to Altria because smoke-free products are becoming an important part of its future. The company has been expanding its nicotine-pouch business, while cigarettes continue to generate much of its cash flow. Altria said on! shipment volume topped 177 million cans in 2025, while the brand reached an 8.2% retail share of the oral tobacco category.
The FDA says the situation is improving. The agency reported that its tobacco-product application backlog dropped by about 70% in 2025. Its nicotine-pouch pilot also produced its first authorizations in December 2025 after three months of scientific review.
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Altria Could Benefit From a More Predictable Tobacco Approval Process
The lawsuit could work in Altria’s favor if it pushes the FDA to make its review process faster and more predictable. That would give Altria a better opportunity to get more on! products approved and respond to changes in the nicotine-pouch market.
That could be important as nicotine pouches continue to gain ground in the U.S. Faster approvals would give Altria more room to expand its smoke-free portfolio and compete with products that are already being sold without authorization. The lawsuit also puts additional pressure on the FDA after years of delays. Reuters reported that some tobacco-product applications have been under review for years. Altria’s complaint argues that its products have been caught in this regulatory backlog.
A more predictable approval process would fit with Altria’s broader plan to move beyond traditional cigarettes. The company has been investing in nicotine pouches and heated tobacco as it looks for new sources of growth. If Altria gets the outcome it wants, it could move more quickly with on!, gain share from illicit products, and strengthen its smoke-free business. That would also help reduce its dependence on a cigarette business that is gradually shrinking.