Smokers are facing yet another obstacle to quitting as state attorneys general (AG) target flavored vapes. Their rationale? That the vape companies failed to participate in the FDA’s mandated marketing order process.” In reality, vape companies have tried to use the FDA’s approval process, but the FDA spent years failing to act and has been so restrictive in its approvals that even the Supreme Court has ordered them to reconsider their decisions. By limiting smokers’ access to a proven harm reduction tool, these state AGs and the FDA are not just failing smokers—they’re actively making it harder for them to choose a safer alternative. It’s time to rethink the misguided war on vaping.
In total the FDA has only authorized vapes from three companies producing non-flavored vapes. The FDA has explicitly denied flavored vapes based on flawed arguments about links to childhood smoking, only recently allowing a handful of menthol products onto the legal market. But, when young adults understand the health differences between smoking and vaping, many choose to quit smoking in favor of the less harmful option—provided they are not deterred by misinformation about vaping. The FDA and others argue that vaping serves as a gateway to smoking, but evidence not only shows the opposite, it actually suggests vaping contributes to a decline in youth smoking.
Critics also argue that flavored vapes target children, but this claim does not hold up under scrutiny. First, companies selling nicotine products are explicitly prohibited from advertising to minors. Second, if these companies were truly targeting kids, they are failing spectacularly—youth vaping rates have fallen to their lowest level in a decade.
Not to be outdone by state AGs, legislators in Washington State are considering a bill to ban flavored vapes entirely, arguing that it will “prevent young people from getting addicted to nicotine.” However, rather than reducing nicotine addiction, such bans often result in higher youth smoking rates. Instead of protecting public health, these laws push young people toward more harmful products. Minors should not be vaping, but pushing them into a more harmful habit is not a solution. While Washington’s bill technically allows FDA-approved vapes, this effectively amounts to a backdoor ban on flavored vapes, given the FDA’s rejection of such products in favor of fear-driven rhetoric over scientific evidence on what helps smokers quit.
Far from luring young people into smoking, flavored vapes are helping smokers quit. The impact is significant enough that New Zealand, by adopting less restrictive vaping regulations, has reduced its smoking rate faster than Australia, which has imposed severe restrictions on adult access to vape products. Instead of learning from this success, the FDA recently seized flavored vaping products that were not among the products of the three FDA approved companies.
There is, however, some good news for those seeking to quit smoking. While the FDA remains obstructionist on vaping, it has at least approved 20 new nicotine pouch products under the ZYN brand—another harm reduction tool for smokers. Additionally, Montana has taken a forward-thinking approach by lowering taxes on heated tobacco products—devices that heat rather than burn tobacco and release significantly fewer harmful chemicals—reflecting their reduced health risks compared to traditional cigarettes.
Both states and the FDA have an opportunity to make a lasting impact on public health by basing their legislation and product approvals on scientific research rather than fearmongering. The British National Health Service (NHS) realized long before the FDA that vaping is not only less harmful than smoking but “one of the most effective tools for quitting smoking.” While expecting the FDA to follow the NHS’s lead in establishing a “Stop Smoking Service” that provides smokers with flavored vapes may be unrealistic, at the very least, the agency and state AGs should stop obstructing those trying to make healthier choices.
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 Twitter @ConsumerPal.