U.S. crackdown on teen vaping allows for major exceptions
WASHINGTON — U.S. health officials will begin cracking down on most flavoured e-cigarettes that are popular with underage teenagers, but their plan includes major exceptions that benefit vaping manufacturers, retailers and adults who use the nicotine-delivery devices.
The Trump administration announced Thursday that it will prohibit fruit, candy, mint and dessert flavours from small, cartridge-based e-cigarettes favoured by high school and middle school students.
But menthol and tobacco-flavoured e-cigarettes will be allowed to remain on the market.
The targeted flavour ban will also entirely exempt large, tank-based vaping devices, which are primarily sold in vape shops that cater to adult smokers.
Together, the two exemptions represent a significant retreat from U.S. President Donald Trump’s original plan announced four months ago, which would have banned all vaping flavours — including menthol — from all types of e-cigarettes.
The new policy will spare a significant portion of the multibillion-dollar vaping market. And the changes mark a major victory for thousands of vape shop owners who sell the tank-based systems, which allow users to mix customized nicotine flavours.
Vape shop owners expressed relief following the announcement.
“We’re thankful the guidance doesn’t shut down flavours in every aspect,” said Spike Babaian, owner of VapeNY in New York City.
Anti-tobacco advocates immediately condemned the decision to permit menthol and exempt tank-based vapes, accusing the administration of caving to industry pressure.
“It’s disturbing to see the results of industry lobbying to undermine public health protections, especially the lives and health of our youth,” said American Lung Association president and CEO Harold Wimmer. The association and other health groups argue that teenswho vape will simply shift to using menthol if it remains on the market.
E-cigarettes are battery-powered devices that typically heat a flavoured nicotine solution into an inhalable aerosol. They have been pitched to adults as a less-harmful alternative to traditional cigarettes, but there is limited data on their ability to help smokers quit.
The Food and Drug Administration has struggled for years to find the appropriate approach to regulate vaping. No e-cigarettes have won FDA approval, but the agency permits their sale under a policy called “enforcement discretion.” Under Thursday’s policy change, the FDA said it would begin targeting companies that continue to sell the targeted products. Companies will have 30 days after the policy is published to halt manufacturing, sales and shipping.
“We have to protect our families,”
Trump told reporters on Tuesday, ahead of the announcement. “At the same time, it’s a big industry. We want to protect the industry.”
The flavour restrictions apply to e-cigarettes that use prefilled nicotine cartridges mainly sold at gas stations and convenience stores. Juul Labs is the biggest player in that market, but it previously pulled all of its flavours except menthol and tobacco after coming under intense political scrutiny. The small, discrete devices are the most popular brand among underage users.
Many smaller manufacturers continue to sell sweet, fruity flavours like “grape slushie,” “strawberry cotton candy” and “sea salt blueberry.”
The flavour restrictions won’t affect the larger specialty devices sold at vape shops, which typically don’t admit customers under 21. These tank-based systems allow users to fill the device with the flavour of their choice. Sales of these devices, at between 15,000 and 19,000 shops, represent an estimated 40% of the U.S. vaping business.
The new policy still represents the federal government’s biggest step yet to combat a surge in teen vaping that officials fear is hooking a generation of young people on nicotine. In the latest government survey, more than one in four high school students reported using e-cigarettes in the previous month. Late last month Trump signed a law raising the minimum age to purchase all tobacco and vaping products from 18 to 21 across the U.S.