Attorney General Anthony G. Brown joined a bipartisan group of 19 attorneys general in urging the U.S. Food and Drug Administration to withdraw draft guidance that would make it easier for flavored e-cigarette products to be approved, according to a May 13 statement.
The coalition said the proposed changes could worsen youth addiction by increasing access to flavored vaping products. The group argues that easing restrictions would undermine efforts aimed at protecting public health, especially among young people.
Federal law requires all e-cigarette products to receive FDA authorization before being sold in the United States. So far, only 45 such products have been authorized by the agency, and until May 5, only tobacco or menthol flavors had received approval. Six days before the comment deadline on this issue, the FDA approved two fruit-flavored products. Despite these limited authorizations, hundreds of thousands of flavored varieties are still available for purchase without proper authorization.
The attorneys general also raised concerns about an FDA press release from May 8 announcing that enforcement against unauthorized vapes and nicotine pouches would not be prioritized. They said this approach ignores evidence showing all types of flavors are popular among youth users.
In their letter, Brown and his colleagues called on the FDA to reconsider its draft guidance and maintain strict review standards for all flavored vaping products. “Attorneys general have long been at the forefront of efforts to curb youth addiction,” they said in reference to previous legal actions taken against tobacco companies and recent settlements with manufacturers like JUUL Labs over marketing practices targeting minors.
Joining Brown were attorneys general from California, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Massachusetts, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont and Wisconsin.
