September 25, 2019-
Amid growing concern over a mysterious outbreak of vaping-related lung illnesses and deaths, as well as a persistent epidemic of youth use, states are stepping in to limit access to e-cigarette products. State vaping bans are filling what many see as a regulatory void caused by federal inaction. E-cigarettes work by vaporizing a liquid mixture of nicotine, flavorings and other chemicals, and many proponents argue that they are a healthier alternative to cigarettes.
The Food and Drug Administration (FDA) did not gain regulatory power over e-cigarettes until 2016, so many popular brands that launched before that date, including market leader Juul, are currently available for sale despite lacking explicit FDA authorization. The agency has given manufacturers until May 2020 to retroactively apply for authorization; if at that point they cannot prove their products are “appropriate for the protection of public health,” they could be removed from the market. The Trump Administration this month announced a plan to pull youth-friendly flavored e-cigs from the market, at least until FDA applications are complete.