FDA blocks marketing of 6,500 flavored vaping products

The Food and Drug Administration has banned 10 companies from marketing or distributing 6,500 flavored e-liquids and e-cigarettes as part of its crackdown on the marketing of vaping products to youth.

This denial follows prior marketing applications for vaping products, which included various flavored e-cigarette products. The FDA determined that the manufacturers of these products had not provided sufficient evidence to justify marketing authorization in connection with the protection of public health.[1].

The FDA named eight of the 10 affected companies on Friday, saying it declined to name the other two to protect potentially confidential consumer information. The companies named were Imperial Vapors LLC, Savage Enterprises, Big Time Vapes, SWT Global Supply Inc., Great Lakes Vapor, DNA Enterprise LLC dba Mech Sauce, Absolute Vapor Inc., and ECBlend LLC.

In its statement, the FDA explained that it had launched a campaign against vaping products that could attract children, but that it had been overwhelmed by a growing number of applications for authorization to sell these products. The applications identified concerned more than 26 million products since spring 2020 and concerned primarily e-cigarettes. The FDA said it had reviewed and responded to more than 99,000 of the applications.

Among the refusals of authorizations for e-cigarettes, the FDA cites the use of flavors such as "Strawberry Cheesecake," as well as fresh mint and menthol flavors.

Ban on vaping flavors is gaining ground in the United States

"Today's decision to reject approximately 6,500 products is based on the lack of scientific evidence provided in the applications," said Matthew Farrelly, director of theOffice of Science within the Center for Tobacco Products of the FDA. "We will continue to ensure that all new vaping products undergo a robust scientific evaluation before they are placed on the market, to determine whether they meet the appropriate public health standards to be legally marketed," added Matthew Farrelly.

The FDA's decision not only prohibits these companies from marketing or distributing these products in the United States, but also specifies that retailers who sell them are subject to prosecution.

This refusal to market comes as e-cigarette flavors are subject to increasing regulations in the United States with a view to preventing harm to children and adolescents. Massachusetts and California has banned the sale of all flavored products on their territory. A recent study from Ohio State University indicated that 71 % of young vapers said they would stop vaping if all e-cigarette flavors other than tobacco were banned, thus moving in the direction of banning flavors.

Keywords: flavors, FDA, United States, ban, vaping, marketing.

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[1] FDA Issues Marketing Denial Orders for Approximately 6,500 Flavored E-cigarette Products, FDA, May 12, 2023.

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