Disposable e-cigarettes banned in the United States

On July 20, 2020, the U.S. Food and Drug Administration (FDA) issued warning letters[1] informing ten companies to withdraw their disposable e-cigarettes and flavoured e-liquid products from the market because they do not have the required authorisation prior to placing them on the market.

A loophole in the law on the ban on flavored products

The regulatory action comes months after anti-vaping advocates warned that disposable vaping devices were a glaring flaw.[2] in the FDA's ban on flavored e-cigarettes. The measure, which went into effect in early February 2020[3], exclusively targeted reusable vaping devices like Juul but flavored liquids containing nicotine for open tank devices were not covered by the scope of the ban. These devices are sold empty and can be filled with any available e-liquid (in bottles). In addition, empty Juul compatible pods have been released and can be filled with any liquid.

The FDA's recent warnings are aimed at countering these diversions at a time when a real public health crisis linked to the use of e-cigarettes by young people is raging in North America.[4].

Products considered too attractive for young people

Disposable e-cigarettes like Puff Bar and Mojo, which often look similar to Juul, are quickly gaining popularity among teens. These products are available in more than 15,000 flavors and remain available in more than 100,000 locations nationwide, including convenience stores, gas stations, and vape shops. These flavors range from candy and fruit flavors to varying nicotine strengths, some even higher than Juul (a 5% Juul pod provides the nicotine equivalent of a pack of cigarettes). Additionally, buying e-liquid by the bottle is often less expensive than buying Juul pods, making them even more accessible to price-sensitive youth.

The FDA singled out liquids that appealed to young people by imitating snack bar packaging, including products that parodied Twinkies, Cherry Coke and Cinnamon Toast Crunch cereals.

This circumvention practice highlights the possibility for manufacturers, in the event of partial bans, to easily circumvent the provision and thus continue to develop their sales.