Attorneys general from 33 US states urge FDA to ban non-tobacco-flavored e-cigarettes

Attorneys General from 33 states in the US are focusing on disposable e-cigarettes, viewing them as the next major threat to the health of children and adolescents.

According to the Michigan Department of Justice, these 33 Attorneys General are calling on the US Food and Drug Administration (FDA) and its Center for Tobacco Products (CTP) to enhance protections for youth against the dangers of e-cigarettes.

Attorney General Dana Nessel of Michigan, along with a bipartisan coalition of 33 Attorneys General, is urging the FDA to implement measures to limit appealing flavors for youth, reduce nicotine levels to prevent addiction, and protect young people from marketing campaigns.

Nessel stated:

“The use of nicotine among young people has reached epidemic levels. We need strong tobacco regulations to protect youth from the dangers of e-cigarettes and the marketing strategies targeting them, with flavors that mimic fruits and candies. We must take action to regulate youth access to these products and enforce strict penalties against manufacturers, distributors, and retailers who violate the law.” 

Currently, over 9,000 types of e-cigarette devices are sold in the US, with nearly 6,000 being disposable devices. According to CDC statistics, in 2022, 14% of high school students reported using e-cigarettes. Youth nicotine intake is associated with nicotine poisoning, mental health and behavioral issues, academic problems, and future addiction to other substances. 

In a letter submitted to the FDA, responding to the tobacco center's request for a five-year strategic plan, the Attorneys General urged the FDA to establish barriers to prevent youth from becoming addicted to nicotine through e-cigarettes.

The 33 Attorneys General suggested that the FDA: 

• Ban all non-tobacco flavors in e-cigarettes. These flavors that mimic fruits, candies, and desserts are the primary reasons youth try e-cigarettes.

• Implement evidence-based nicotine limit measures. Over 80% of e-cigarettes contain more than 5% nicotine concentration. Moreover, since some devices can be inhaled hundreds or thousands of times, the amount of nicotine consumed by young people can far exceed that of combustible tobacco.

• Restrict marketing activities that appeal to youth, ensuring that marketing materials do not target them and preventing young people from being bombarded with e-cigarette advertisements. E-cigarette manufacturers have been using social media and influencer marketing to attract youth.

• Close the “disposable loophole.” Disposable e-cigarettes are not regulated by existing FDA enforcement guidance like cartridge-based e-cigarettes, yet their popularity has surged. Last year, over half of youth e-cigarette users reported using disposable e-cigarettes.

The Attorneys General also called for the FDA to take immediate enforcement action against companies and sellers violating federal regulations throughout the e-cigarette supply chain. 

Attorney General Nessel, along with Attorneys General from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, and Wisconsin, signed this letter.

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