Trump administration clamps down on flavoured vaping products

The e-cigarettes are popular with high school students but there will be some exemptions.


US health officials will ban most flavoured e-cigarettes popular with underage teenagers, but their plan includes major exceptions that benefit vaping manufacturers, retailers and adults who use the nicotine-emitting devices.

The Trump administration announced that it will prohibit fruit, sweet, mint and dessert flavours from small, cartridge-based e-cigarettes that are popular with high school students.

But menthol and tobacco-flavoured e-cigarettes will be allowed to remain on the market.

The flavour ban will also entirely exempt large, tank-based vaping devices, which are primarily sold in vape shops that cater to adult smokers.

Trump Vaping
Flavoured vaping solutions in a window display at a vape and smoke shop in New York (Bebeto Matthews/PA)

Together, the two exemptions represent a significant retreat from 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 customised flavours.

Anti-tobacco advocates immediately condemned the decision to permit menthol and exempt tank-based vapes.

They have lobbied the Trump administration to follow through on its initial pledge to ban all flavors except tobacco, arguing that teenagers who vape will simply shift to using menthol if it remains on the market.

“Only the elimination of all flavoured e-cigarettes can end the worsening youth e-cigarette epidemic and stop e-cigarette companies from luring and addicting kids with flavoured products,” said Matthew Myers, of the Campaign for Tobacco-Free Kids, in a statement.

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.

Under current law, all e-cigarettes are supposed to undergo an FDA review beginning in May.

President Donald Trump (Evan Vucci/AP)

Only those that can demonstrate a benefit for US public health will be permitted to stay on the market.

“We have to protect our families,” Mr 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.

Many smaller manufacturers continue to sell sweet, fruity flavours like “grape slushie”, “strawberry cotton candy” and “sea salt blueberry.”

The flavour restrictions will not affect the larger speciality devices sold at vape shops, which typically don’t admit customers under 21.

Vaping Illnesses
The official message on one of 44 websites seized by the US Drug Enforcement Administration for advertising the sale of illicit THC vaping cartridges (AP)

These tank-based systems allow users to fill the device with the flavor of their choice.

Sales of these devices represent an estimated 40% of the US vaping business, with sales across some 15,000 to 19,000 shops.

Even with the exemption for products sold at vape shops, industry advocates were not happy with the restrictions.

Gregory Conley of the American Vaping Association said narrower flavor options for Juul and similar devices “will result in more adults smoking”.

Still, the new policy 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, despite federal law banning sales to those under 18.

Late last month Mr Trump signed a law raising the minimum age to purchase all tobacco and vaping products from 18 to 21 nationwide.

Health and Human Services Secretary Alex Azar said the administration decided to exempt menthol after reviewing new data showing the flavor was not popular with teens.

“As we got better data on the flavors, we modified our thinking,” Mr Azar said.

Survey data published in November reported that less than 6% of teens picked menthol as their top choice for vaping.

In contrast, mint was the most popular flavor among sophomores and seniors.

Incoming FDA Commissioner Stephen Hahn said the government’s approach attempts to balance the problem of underage vaping with “the potential role that e-cigarettes may play in helping adult smokers transition completely away” from regular cigarettes.

When Trump officials first sketched out their plans at a White House event in September, they specifically said menthol would be banned.

But that effort stalled after vaping proponents and lobbyists pushed back and White House advisers told Mr Trump that a total flavour ban could cost him votes.

Industry groups including the Vapour Technology Association launched an aggressive social media campaign, #IVapeIVote, contending that the plan would force the closure of vaping shops, eliminating jobs and sending users of electronic cigarettes back to traditional smokes.

Mr Trump’s initial announcement came amid an outbreak of unexplained lung illnesses tied to vaping.

But since then, health officials have tied the vast majority of the cases to a contaminating filler added to illicit THC vaping liquids.

THC is the chemical in marijuana that makes users feel high.

Makers of legal nicotine-based vaping products have tried to distance themselves from the problem.

FDA officials said on Thursday they will continue targeting vaping products that appeal to underage users in other ways, such as packaging that mimics juice boxes, cereal or kid-friendly snacks.

Administration also pledged to work with the industry as the May deadline for product review approaches.

Officials noted that products submitted by the deadline that don’t appeal to kids will be permitted to remain on the market for up to one year pending FDA review.

They also clarified that some vape flavors could return to the market if manufacturers can establish that they benefit adult smokers by helping them quit cigarettes.

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