The Trump administration on Thursday announced a policy that bans most flavored e-cigarettes that appeal to youth but includes exemptions that still benefit the vaping industry.
The policy bans flavored, cartridge-based vaping products such as fruit, candy and mint, but excludes tobacco and menthol-flavored e-cigarettes.
Large, tank-based vaping devices that are sold mostly in vape shops to adult smokers also will be allowed to remain on the market under the flavor ban.
“The United States has never seen an epidemic of substance use arise as quickly as our current epidemic of youth use of e-cigarettes,” Health and Human Services Secretary Alex Azar said in a statement. “By prioritizing enforcement against the products that are most widely used by children, our action today seeks to strike the right public health balance by maintaining e-cigarettes as a potential off-ramp for adults using combustible tobacco while ensuring these products don’t provide an on-ramp to nicotine addiction for our youth.”
Manufacturers and companies that don’t stop making and distributing the banned products within 30 days risk penalties and fines by the Food and Drug Administration.
The policy deviates from the flavor ban the Trump administration proposed in September, which would have banned all non-tobacco vaping flavors, including menthol.
“When the ban on flavors was announced in September, the conventional wisdom was that there was little hope of stopping it. Millions of vapers and thousands of small business owners fought back and attained at least a partial victory in the process,” said Gregory Conley, president of the American Vaping Association. “This move will allow thousands of small businesses to remain open, but short-term exemptions will mean little without long-term reforms at the FDA.”
The policy comes amid a youth vaping epidemic and a nationwide outbreak of lung injuries linked to e-cigarettes. As of last week, 2,561 people had been hospitalized and 55 had died due to vaping-related lung illnesses.
The latest government survey found that more than 25% of high school students reported using e-cigarettes in the previous month last year, although federal law already bans the sale of vaping products to anyone under 18.
President Trump signed a law late last month that raised the national minimum age to purchase tobacco and vaping products from 18 to 21.
Public health advocates say the flavor ban policy wasn’t enough.
“E-cigarette use among young people continues to spike, creating another generation at risk of nicotine dependence who will face significant health problems as a result,” said Patrice Harris, president of the American Medical Association. “If we are serious about tackling this epidemic and keeping these harmful products out of the hands of young people, a total ban on all flavored e-cigarettes — in all forms and at all locations — is prudent and urgently needed.”
Matthew Myers, president of the Campaign for Tobacco-Free Kids, said the e-cigarette policy breaks the promise by the Trump administration to eliminate flavored e-cigarettes that are driving “an epidemic of youth nicotine addiction.”
“This policy will not stop the youth e-cigarette epidemic. It is a capitulation to both Juul and vape shops and gives a green light to the e-cigarette industry to continue to target and addict kids with flavored products,” Mr. Myers said. “There should be no question: The administration has sided with Juul, Altria, the vape shops and other e-cigarette interests over our kids.”
E-cigarettes have been promoted as a less-harmful alternative to combustible cigarettes by vaping advocates. However, there is little data on the products’ ability to help smokers quit.
Beginning in May, all e-cigarettes are subject to undergo an FDA product review. Only products that pass the review and can prove a benefit for public health will be allowed to stay on the market.
“We have to protect our families,” Mr. Trump told reporters Tuesday, ahead of the policy announcement. “At the same time, it’s a big industry. We want to protect the industry.”
⦁ This article is based in part on wire service reports.
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