Friday’s approval Two disposable e-cigarettes and two pre-filled e-cigarette pods manufactured by NJOY, a subsidiary of Altria Group, the tobacco giant that makes Marlboro and menthol-flavored cigarettes.
The FDA The decision supports the e-cigarette industry’s argument that e-cigarettes can reduce the harms of smoking, which health experts say kills more than 480,000 people each year in the United States from cancer, heart disease and lung disease caused by smoking.
Matthew Farrelly, a senior scientist in the FDA’s Center for Tobacco Products, said in a statement that after a “rigorous scientific review,” the FDA concluded that the benefits of adult smokers switching to e-cigarettes “are sufficient to outweigh the risks to youth.”
E-cigarette products are regulated as tobacco products because they often contain addictive nicotine. The agency stressed on Friday that its approval “does not mean that these tobacco products are safe.” All tobacco products are harmful and potentially addictive.
In recent years, the agency has refused to approve thousands of e-cigarette products for sale, citing public health risks, and as of Friday had approved just 23 tobacco-flavored products. Anti-tobacco groups say most teenagers prefer flavored or menthol e-cigarette products.
“Today’s decision is difficult to understand given that the FDA has repeatedly concluded that flavored e-cigarettes, including menthol-flavored products, are popular with kids and are contributing to the youth vaping epidemic. What has changed?” Yolonda C. Richardson, president and CEO of the Campaign for Tobacco-Free Kids, said in a statement.
“Allowing menthol-flavored e-cigarettes will allow even more kids to become addicted to these harmful products,” Sen. Dick Durbin (D-Ill.) said in a statement.
The decision could bolster the multi-billion dollar e-cigarette industry in the U.S. Altria did not respond to a request for comment.
Big tobacco companies are increasingly turning to Black and LGBTQ+ groups to mobilize public support for e-cigarettes and menthol cigarettes. The Biden administration has delayed a decision on a proposed menthol cigarette ban over concerns it could hurt Black voters, who are key to his reelection. African-American smokers make up a large portion of menthol cigarette consumers.
The Supreme Court is also considering whether to review conflicting lower court decisions regarding the FDA’s regulation of e-cigarette products. In January, a divided Fifth Circuit Court of Appeals ordered the FDA to reconsider its decisions that banned two companies from selling e-cigarette products. In a scathing decision, the majority said the FDA’s application process forces manufacturers to “fruitlessly chase” requirements.
The FDA has come under increasing pressure to end its review of applications from companies wanting to sell e-cigarette products. At a Senate Judiciary Committee hearing this month, Durbin and other senators blasted the FDA for slow reviews of company applications and the proliferation of illegal flavored e-cigarette products, many made in China. Durbin cited fruit- and bubble-gum-flavored e-cigarettes found in a store about a mile from FDA headquarters in Maryland.
A few days before the Senate At the hearing, the FDA and federal law enforcement agencies announced the creation of a task force to crack down on the practice. The proliferation of vaping products in illegal stores and online marketplaces has also led the FDA to reverse a decision to ban products made by Juul Labs, a company widely blamed for encouraging youth vaping nearly a decade ago, though the company has appealed the decision, leaving the company’s products on store shelves.
Tony Aboud, executive director of the Vapor Technology Association, an industry group, said Friday’s FDA decision was the result of political pressure. He said the FDA continues to approve smokable tobacco products but has not acknowledged the scientific evidence that e-cigarettes are less harmful. In an interview, he also accused the FDA of only approving products from major tobacco companies while refusing or delaying approval of products from independent companies that are members of the association.
“It’s another great day for big tobacco,” he said.
