US FDA Announces Ban on Most Flavored E-Cigarettes

On January 3rd, Beijing time, the U.S. Food and Drug Administration (FDA) announced that it would ban most fruit and mint-flavored nicotine e-cigarettes to curb youth usage of e-cigarettes.

The FDA stated that under new regulations effective in 30 days, companies that do not stop selling flavored e-cigarettes appealing to children will face government enforcement actions. Additionally, companies that launch products targeting children or do not take "sufficient measures" to prevent their products from reaching children will also face regulatory actions. Companies can still sell tobacco and menthol-flavored e-cigarette pods to adults using e-cigarettes to quit smoking.

U.S. Department of Health and Human Services (HHS) Secretary Alex Azar stated in a statement on Thursday: "Currently, the phenomenon of young people using e-cigarettes is escalating, a situation that has never occurred in the U.S. HHS is taking a comprehensive approach to actively enforce the laws passed by Congress. According to this law, no e-cigarette can legally enter the market."

The FDA specifically bans nicotine pods similar to those offered by Juul but allows e-cigarette shops to continue selling bottled flavored nicotine e-liquids. When using the latter, users need to manually refill the pods.

In recent years, the use of e-cigarettes among American youth has rapidly increased, and e-cigarettes have also led to mysterious lung diseases, causing 55 deaths across 27 states. The Trump administration initially announced plans to ban flavored e-cigarettes last September, but the final regulations were delayed due to strong lobbying from the tobacco and e-cigarette industries.

Azar stated during a call with reporters on Thursday that the FDA's allowance for the continued sale of tobacco and menthol-flavored e-cigarettes is because these flavors are "less appealing to children." According to two studies published in the Journal of the American Medical Association in November, more than half of teenagers using Juul e-cigarettes preferred mint flavors.

Juul is partially owned by tobacco giant Altria. Shortly after this study was published, the company voluntarily stopped selling mint-flavored e-cigarettes.

Public health experts in the U.S. have long supported the government's ban on flavored e-cigarettes that appeal to youth. However, some are concerned that if fruit-flavored e-cigarettes are no longer sold, children may eventually switch to menthol flavors.

Matthew Myers, chairman of the Campaign for Tobacco-Free Kids, stated: "Only by banning all flavored e-cigarettes can we solve the problem of youth e-cigarette use and prevent e-cigarette companies from attracting children with flavored products."

U.S. government officials stated that this ban is not significantly related to the lung diseases caused by e-cigarettes. Azar noted that the Trump administration views the lung diseases caused by e-cigarettes as "another issue" because public health officials found that most patients had used THC-based e-cigarette products. According to the CDC, most lung disease patients reported having used THC, which is an active ingredient in cannabis.

Government officials repeatedly stated during Thursday's conference call: "No child should be using nicotine products."

This ban will not significantly impact industry leader Juul. Under strict scrutiny, the company has already stopped selling flavored e-cigarettes in the U.S., but it does not include flavors like menthol, Virginia tobacco, and classic tobacco. This may impact Juul's competitor NJOY, which could have benefited from the market Juul abandoned.

The FDA's new regulations represent the latest effort by the U.S. government to combat youth e-cigarette use. In December, Trump signed a law prohibiting the sale of cigarettes, e-cigarettes, cigars, and other tobacco products to individuals under 21.