A changing federal policy
The Trump administration, after initially taking a strict stance against flavors in vaping products, has gradually softened its stance. In 2020, a targeted ban was implemented, primarily targeting flavored cartridges other than tobacco and menthol, while leaving open systems and disposables widely available. . This approach has been criticized for its limited effectiveness, particularly due to the proliferation of unregulated disposable vapes. .
In addition, the administration raised the legal age for purchasing vaping products to 21, in collaboration with the vaping industry. . However, criticism has emerged regarding the continued availability of certain flavors that appeal to young people, such as menthol and sweet flavors, which has been seen as a concession to industry at the expense of public health. .
An industry in search of recognition
Despite these regulatory challenges, the vaping industry continues to advocate for recognition of its products as less harmful alternatives to combustible tobacco. Companies like Njoy recently received marketing approvals for menthol-flavored products, marking a first for FDA approval of non-tobacco flavors. . However, these approvals do not signify safety approval by the FDA, but rather an acknowledgment that these products can be legally marketed.
Towards a new regulatory era?
The future of vaping in the United States remains uncertain. Companies like Triton Distribution are challenging the FDA's decisions before the Supreme Court, arguing that the agency's guidelines are inconsistent and unfairly penalize flavored product makers. . A favorable decision could pave the way for a reevaluation of current policies, potentially under an administration more supportive of the vaping industry.
