The FDA does not have smokers’ best interests at heart. While nearly half a million Americans die each year from smoking-related causes, the agency continues to deny smokers access to harm reduction tools that could prevent many of those deaths. It has authorized almost 180 new cigarette products each year on average—almost one new cigarette every two days—while only approving 23 vaping products total, despite strong evidence that vaping is both far less harmful than smoking and one of the most effective tools smokers use to quit.
Congress requires the FDA to permit new cigarettes if they are “substantially similar” to products that were on the market before 2007. But no such obligation exists for modern, lower-risk technologies. The Family Smoking Prevention and Tobacco Control Act (TCA) of 2009 allows cigarette manufacturers to bypass full scientific review so long as the new product is similar to a pre-2007 brand. Newer reduced risk products like vapes must clear the far more onerous Premarket Tobacco Product Application process, including a full scientific review.
Justin Leventhal is a senior policy analyst for the American Consumer Institute, a nonprofit education and research organization. For more information about the Institute, visit www.TheAmericanConsumer.Org or follow us on X @ConsumerPal.