FDA clears flavored vapes in shift to target illicit market

The US Food and Drug Administration has authorised the sale of blueberry- and mango-flavoured vape juices manufactured by Glas, marking the first time the agency has approved e-cigarette flavours other than tobacco and menthol. The decision reportedly followed pressure from President Donald Trump and is part of a broader shift in the administration’s approach to vaping regulation. The FDA simultaneously announced it would prioritise the removal of illicit vapes from the market, specifically targeting companies that have not submitted applications for FDA review. Former FDA Commissioner Marty Makary resigned, with reports indicating this decision was a contributing factor due to concerns over the products' appeal to minors.

Historically, the White House retreated from a broader flavour ban in 2019 due to political pushback ahead of the 2020 election. Former FDA officials have noted that the current administration backpedalled on previous vaping restrictions in response to the "we vape, we vote" movement. Industry data from 2024 estimated that more than 80 percent of e-cigarettes on the US market were present illegally. Additionally, major tobacco firms such as Reynolds American and Altria have made significant political donations and supported Trump’s initiatives, raising questions about industry influence on regulatory policy.

Under the new FDA policy, companies that have filed applications but not yet received approval will be largely left alone, allowing them to potentially sell products before full review. This approach has drawn criticism from former officials who argue it effectively permits sales without completing the statutory review process. Eric Lindblom, a former FDA official, described the policy as a way of asking for forgiveness rather than permission, suggesting it opens the door for products to enter the market without following established legal requirements.

The regulatory shift comes as the tobacco industry seeks to protect its market share from unregulated e-cigarettes, many of which are imported from China. Reynolds American, a subsidiary of which owns the Vuse vape brand, donated millions to the Make America Great Again Inc PAC in 2024. Altria and Reynolds American have reportedly helped bankroll Trump’s ballroom plans, highlighting the financial ties between the industry and the administration. Industry executives argue that a regulated marketplace is necessary to combat the influx of illicit products that have not undergone safety reviews.

While the authorisation of Glas’s flavoured products has garnered attention, industry experts suggest the enforcement policy change may have a more significant impact on the market. The White House has stated that the administration’s pro-vaping stance is based on "gold standard science," aiming to help adult smokers transition away from combustible cigarettes. However, critics argue the move serves as political signaling to a demographic with low voter turnout, particularly among young adults who are the heaviest vapers but least likely to participate in elections.