33 attorneys general jointly urge FDA to take action to protect youth from e-cigarette harm

Michigan Attorney General Dana Nessel joined 33 bipartisan state attorneys general in urging the U.S. Food and Drug Administration (FDA) and its Center for Tobacco Products to take additional steps to protect youth from the harms of e-cigarettes. Nessel recommended measures including restricting youth-appealing flavors, reducing nicotine levels to prevent addiction, and protecting young people from the effects of marketing.

Nessel said, “Youth nicotine use has reached epidemic levels. We need meaningful tobacco regulations to protect young people from the dangers of e-cigarettes and the marketing tactics used to promote fruit- and candy-flavored products to them. We must act and strongly enforce the law against manufacturers, distributors, and retailers that ignore it.”

In a letter responding to the FDA’s request for comments on the center’s five-year strategic plan, the attorneys general jointly urged the FDA to establish safeguards to prevent youth from becoming addicted through e-cigarettes.

The attorneys general recommended that the FDA:

Ban all non-tobacco flavors in e-cigarettes. Fruit, candy, and dessert flavors are among the main reasons young people try e-cigarettes. Establish evidence-based nicotine limits for e-cigarettes. More than 80% of e-cigarettes sold contain nicotine concentrations above 5%. Because some devices can deliver hundreds or even thousands of puffs, young users may ultimately consume more nicotine. Restrict marketing that appeals to youth, ensure marketing materials are not directed at them, and prevent young people from being bombarded by e-cigarette advertising. E-cigarette manufacturers have previously used social media and influencer marketing to attract youth. Close the “disposable loophole.” Disposable e-cigarettes have not been subject to the same FDA enforcement guidance restrictions as cartridge-based e-cigarettes, and they are becoming increasingly popular in the market. Last year, more than half of youth e-cigarette users said they used disposable e-cigarettes rather than cartridge-based products. The attorneys general also asked the FDA to move quickly with enforcement against e-cigarette supply chain companies and sellers that violate federal regulations.

Attorney General Nessel was joined in signing the letter by attorneys general from Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, Wisconsin, and other states.