Vaping has long been positioned as a harm reduction tool for smokers looking to quit, but regulatory inaction has left a dangerous gap in the market. With no FDA-approved vape mods, limited legal options for unflavored vapes, and no options for flavored vapes, many consumers turn to illegal devices that pose serious risks. Rather than protecting public health, the current regulatory stance has pushed consumers toward unregulated products. Instead of banning or restricting safer alternatives, the FDA should take a more pragmatic approach—approving products that meet safety standards and allowing consumers legal access to reliable harm-reduction tools.
Unlike the regulated vape market, the illegal market can include more dangerous products. For example, the risk of exploding batteries comes from unregulated vape mods. These devices incorporate larger batteries and additional controls to personalize how the vape works. Currently, none are approved by the FDA. However, exploding batteries are not a mystery and could be prevented through proper regulation, including short-circuit protections and ensuring sufficient distance between the battery and heating element.
Illegal products can also contain unknown chemicals, such as heavy metals, as was recently found in illicit vapes in the UK. The simplest way to address this issue is to approve more regulated options with known ingredients. Restricting safer legal options does not protect consumers; it instead increases their exposure to unregulated, illegal products.
Another concern is the sale of Chinese-manufactured vapes in the U.S. that are not permitted for sale in China. It is inherently more challenging for the U.S. government to oversee and regulate Chinese products compared to domestic manufacturers or those from friendly nations. However, critics should consider that China is not necessarily the model the U.S. should follow when it comes to vaping laws. Since 2022, China has banned flavored vapes despite research showing that flavored vapes are an effective tool for helping smokers quit. U.S. regulators should be cautious about adopting policies that disregard evidence on the role of flavored vapes in smoking cessation.
Instead, the U.S. should look to the UK, where vaping has been effectively used as a smoking cessation tool. The UK’s National Health Service even acknowledges that “starter kits come with a range of flavours,” highlighting their role in helping smokers transition away from traditional cigarettes.
To provide consumers with options that do not explode, contain harmful chemicals, or originate from difficult-to-regulate geopolitical rivals, the FDA should approve safer products submitted through its Premarket Tobacco Product Application (PMTA) process. Without legal options for both flavored and unflavored vapes, consumers will continue turning to risky, unregulated alternatives. The fastest and most cost-effective way to eliminate unregulated products is to replace them with safe and regulated ones.
Hopefully, the next head of the FDA will recognize the public health benefits of allowing smokers more options to transition to vaping and will expand access to harm-reduction products instead of continuing to restrict them.
Read original article here.
Justin Leventhal is a senior policy analyst for the American Consumer Institute, a nonprofit education and research organization. For more information about the Institute, follow us on X @ConsumerPal.