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FDA to Withdraw Most Flavored E-Cigarette Pods; Menthol, Tobacco Remain

Saman T • Apr 29, 2024

The U.S. Food and Drug Administration (FDA) has announced a new regulation that bans a variety of flavored e-cigarette products, including those with fruit and mint flavors. However, menthol and tobacco flavors will still be available. This decision, which scales back from an earlier promise by the Trump administration to eliminate all flavored e-cigarettes, has been made in response to the rising epidemic of teen vaping.

The regulation specifically targets cartridge-based e-cigarettes, which are popular among younger users, according to statements from FDA and the Department of Health and Human Services (HHS) officials during a press conference.

Starting early February, it will be illegal for companies to produce, distribute, or sell these flavored cartridge-based e-cigarettes unless they have specific authorization. HHS Secretary Alex Azar emphasized the focus of the FDA will be on reducing access to these products among youth and enforcing regulations on companies that do not sufficiently prevent minors from obtaining their products.

Azar also noted that the epidemic of youth e-cigarette use has escalated more rapidly than any other substance use in the U.S. HHS, which oversees the FDA, supports the new measures.

While flavored e-liquids used in refillable "open tank" systems will remain legal, as they are primarily utilized by adults, Azar described the new measures as a balanced approach that aims to protect young people without overly inconveniencing adult users of e-cigarettes who are attempting to quit smoking traditional cigarettes.

Despite the targeted ban, many health experts have expressed their disappointment, pointing out the restrictions are too limited. Dr. Patrice Harris, president of the American Medical Association, argued that the policy does not sufficiently address the issue of youth vaping since popular menthol flavors and other flavored e-liquids are still permitted.

Dr. Sharon Levy, a pediatric addiction specialist and the director of the adolescent substance abuse and addiction program at Boston Children's Hospital, criticized the exemption of menthol flavors. She mentioned that contrary to industry claims that menthol is predominantly for adult use, it is in fact widely used by teenagers.

There is also ongoing debate about the effectiveness of e-cigarettes as a smoking cessation tool. Federal data shows that about 41 percent of adult e-cigarette users also continue to smoke traditional cigarettes. Furthermore, the long-term health impacts of e-cigarettes are still unknown.

Originally, in September, the Trump administration had planned to impose a ban on all non-tobacco flavored e-cigarettes to combat teen vaping. This was part of a broader commitment to "strong rules and regulations" as stated by President Donald Trump. However, following a November meeting that included representatives from the vaping industry along with medical and political figures, the administration opted for a less comprehensive approach. Mint flavoring and mango were the preferred choice for teens who vape, according to the study.

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