FDA Bans Marketing of 55,000 Flavored Vaping Products

August 31, 2021

Par: National Committee Against Smoking

Dernière mise à jour: August 31, 2021

Temps de lecture: 5 minutes

The United States Food and Drugs Administration (FDA) announced on August 26, 2021, a ban on the marketing of more than 55,000 flavored e-cigarette products.[1]A decision intended to protect young people who are the biggest consumers of these products.

The FDA has issued marketing denial orders for three e-cigarette brands (JD Nova Group LLC, Great American Vapes and VaporSalon) claiming they pose a public health threat to youth in the United States. Of the more than 55,000 products affected by the order, those not yet marketed may not be brought to market, and those already on the market will have to be removed.

A protective measure for young people

These products have failed to demonstrate that the benefit to adults (particularly in helping them quit smoking) outweighs the risks to younger people. Flavored e-cigarettes are extremely popular among young people. Sales in the United States increased by nearly 300 % between November 2016 and August 2019, according to the U.S. Centers for Disease Control and Prevention.[2]. The latest data from the 2020 National Youth Tobacco and Vaping Survey, 3.6 million youth ages 12 to 17 use e-cigarettes. Of these, 1.3 million use e-cigarettes regularly or daily, a strong indicator of addiction. More than 8 in 10 youth (83 %) report using flavored products, and 70 % youth reported using these products because of the flavors[3].

Public health advocates have warned that the action does not include any brands that have a large market share or are very popular with young people, such as Juul, the No. 1 brand among them, but the agency has said more decisions are coming.

Menthol excluded from the ban

The FDA press release notes that the scientific review of menthol e-cigarettes "raises special considerations." A statement disputed by the Tobacco-Free Kids (CTFK) organization.[4] which states that there are no “special considerations” that would lead the FDA to approve menthol e-cigarettes. Studies show that menthol is a popular and widely used flavor among teens and young adults, while there is a lack of conclusive evidence that menthol flavors, like flavored e-cigarettes in general, are effective in helping smokers quit. When the FDA banned the sale of mint-flavored e-cigarette refills in January 2020, youth use of menthol flavors skyrocketed.

The FDA had already been called out for its inaction on menthol[5]. In June 2020, several organizations had even filed a lawsuit against the American administration. The objective of this procedure was to force the public agency to fulfill its mandate in terms of regulating tobacco and nicotine products. Characteristic flavors have been banned since 2009, but the list established did not include menthol and the sale of manufactured menthol cigarettes remained possible. The FDA finally banned the sale of menthol cigarettes and cigars throughout the country on April 29, 2021, but refrained from including menthol flavors for e-cigarettes.[6].

Keywords: FDA, United States, youth, electronic cigarettes, flavors, menthol