Trump Walks Fine Line By Blocking Most Vaping Flavors But Critics Say A Ban Not Including Menthol ‘Is No Ban At All’
The FDA formally announced an order that would stop most cartridge-based e-cigarette flavors from being sold. The rule also exempts e-liquids and devices used in open-tank systems, which typically are sold in vape shops that cater to adults. Critics said that while the final decision is a step in the right direction, it falls short of the total ban the Trump administration had hinted at in the fall. Vaping advocates and the industry view the softer ban as a partial victory after intense lobbying efforts over the past few months.
The Washington Post:
Sales Of Mint- And Fruit-Flavored E-Cigarette Pods To End By Early February
The Food and Drug Administration on Thursday ordered companies to stop manufacturing, distributing and selling most cartridge-based e-cigarette flavors — including mint and fruity flavors — by early February, saying the crackdown is urgently needed to stem a surge in teen vaping. The deadline was announced as the Trump administration officially unveiled its long-debated vaping policy. (McGinley, 1/2)
Los Angeles Times:
Softer Trump Vaping Ban Replaces Strict Ban On All Flavors
The new ban does not extend to refillable, tank-based vaping systems purchased in most vape shops, which users can fill with flavored e-liquid. It also excludes menthol-flavored cartridges. Together, the two exemptions represent a major retreat from an earlier White House plan to bar all flavors other than tobacco. The new policy will also leave Juul, the leading e-cigarette among teens, largely untouched. The company suspended nationwide sales of sweet flavors like mango and cucumber in October, then added mint to the list in November. It still sells menthol pods. (Baumgaertner, 1/2)
Politico:
Trump's Dialed-Back Vaping Ban Angers Anti-Tobacco Groups
The plan delivers relief to free-market advocates and thousands of small vape shops and vape-makers who protested that a sweeping favor ban would shutter their businesses. The measure will largely affect big tobacco companies that make popular vaping pods, though Juul has already pulled many of its products off the shelf. The larger firms can weather the challenge as well as a costly application process with the Food and Drug Administration that is likely to thin out small players from the market over the next few years. (Owermohle, 1/2)
NPR:
Trump Administration Cracks Down On Some Flavored Vaping Products
"We're striking a balance," Health and Human Services Secretary Alex Azar said during a news conference, explaining that e-cigarettes need to remain an "off-ramp" for adults to transition away from combustible cigarettes, but they can't become an "on-ramp" for children to become addicted to nicotine. Azar stressed that all vape products are currently "illegal" because they are on the market despite not being cleared by the FDA. (Lupkin, 1/2)
Modern Healthcare:
FDA To Enact Scaled-Back E-Cigarette Flavor Ban
HHS officials justified leaving menthol-flavored e-cigarette pods on the market by pointing to the 2019 Monitoring the Future survey, which showed less than 1% of frequent youth e-cigarette users surveyed in the 10th grade most often used the classic tobacco flavor, compared to 4.8% who preferred menthol. Mint was the most popular flavor at 52.1%. The survey was funded by a component of the National Institutes of Health. But former FDA Commissioner Dr. Scott Gottlieb raised concern that youth usage will pivot to menthol- and tobacco-flavored cartridges if more popular flavors are taken off the market. The FDA left the door open to further action if trends change after the ban is enacted. (Cohrs, 1/2)
The Wall Street Journal:
FDA Bars Fruit, Mint Flavors In Vaping Cartridges But Makes Exemption For Vape Shops
E-cigarettes, most of them cartridge based, generate $6.4 billion in annual U.S. sales while tank vaping systems generate $2.6 billion, according to Wells Fargo. Cartridge-based vaporizers such as those made by Juul Labs Inc. are sold in gas stations and convenience stores as well as tobacco and vape shops. Tank-based systems and their accompanying nicotine liquids are sold primarily in vape shops, but are also available online and in some convenience stores. Major retail chains such as Walmart and Walgreens stopped selling all vaping products last year. (Maloney and Burton, 1/2)
The New York Times:
With Partial Flavor Ban, Trump Splits The Difference On Vaping
Around the West Wing, polling data was circulated that had the imprimatur of one of Mr. Trump’s pollsters, John McLaughlin, showing that in battleground states, the president’s supporters opposed regulations against vaping. But the poll was commissioned by a vaping industry group, and ultimately, those resisting any crackdown, such as the president’s 2020 campaign manager, Brad Parscale, lost to the advisers who wanted to keep flavored e-cigarettes away from young people. (Goodnough, Haberman and Kaplan, 1/2)
Reuters:
Trump Administration Restricts Some E-Cigarette Flavors
Representative Frank Pallone, the Democratic chair of the U.S. House of Representatives Energy and Commerce Committee, which has launched probes into e-cigarette manufacturers, dismissed the impact of the ban. "A flavor ban that exempts menthol and vape shops is no ban at all," Pallone tweeted. (Kirkham, 1/2)
The Hill:
Trump Administration Declares Ban On Mint, Fruit Flavored Vaping Products
Sen. Dick Durbin (D-Ill.), the No. 2 Senate Democrat, called it a “positive step,” but also noted the policy has some “gaping holes.” Other Democrats panned the new policy. Sen. Patty Murray (D-Wash.), the top Democrat on the Senate Health Committee, said Trump broke his promise, and accused newly-appointed FDA Commissioner Stephen Hahn of siding with Trump over science. (Weixel, 1/2)
The Associated Press:
Trump's Plan To Curb Teen Vaping Exempts Some Flavors
Anti-tobacco advocates immediately condemned the decision to permit menthol and exempt tank-based vapes, accusing the administration of caving to industry pressure. “It’s disturbing to see the results of industry lobbying to undermine public health protections, especially the lives and health of our youth,” said American Lung Association President and CEO Harold Wimmer. The association and other health groups argue that teenagers who vape will simply shift to using menthol if it remains on the market. (Perrone, 1/2)
CNN:
Vape Ban: Trump Administration Bans Most E-Cigarette Cartridge Flavors, But Not Menthol
"Today the Trump administration failed to take the strong action necessary to address the youth e-cigarette epidemic. The guidance could have been a meaningful victory for children's health and instead is a major missed opportunity that will still leave young people at risk for addiction," Dr. Sally Goza, president of the American Academy of Pediatrics, said in a statement Thursday. "Science shows us that flavors lure children in and this guidance will allow thousands of flavors -- like mango, grape, and green apple -- to stay on the market in vape shops across the country for use in refillable vaping devices. As a pediatrician, I know that children like flavored products. We give children flavored medicines because they taste better. But adding a flavor to a dangerous product like tobacco is a recipe for disaster." (Howard, 1/2)
USA Today:
FDA Bans Mint- And Fruit-Flavored Vaping Products But Exempts Menthol And Tobacco
A federal court order requires all vaping products to file an authorization application by May 12 to continue marketing products. Companies that do not meet the deadline are subject to FDA enforcement action under the court order. "We are now 130 days away from the exact class of vaping products President Trump exempted from his ban – open tank systems – being banned because of the sky high costs associated with Obama-era rules the FDA is retroactively enforcing on vaping companies," Conley said. "President Trump will get the blame if America's vape shops are forced to close their doors in May." (Alltucker, 1/2)
CNBC:
FDA Issues Ban On Some Flavored Vaping Products
The agency’s decision comes amid a rise in teen e-cigarette use and a deadly lung illness linked to vaping that has taken the lives of 55 people across 27 states. The Trump administration originally announced plans to ban flavored e-cigarettes in September, but has delayed issuing its final rule under intense lobbying from the tobacco and vaping industry. (Lovelace, 1/2)
Bloomberg:
Some Vaping Flavors Banned As FDA Seeks To Curb Teen Use
Separately, several states and cities moved to curb flavored vape products. Attempts to implement statewide bans in New York and Michigan were blocked in the courts, making Massachusetts the only state to enact such legislation. Despite pushback from small businesses, major cities including Los Angeles; San Francisco; New York; and St. Paul, Minnesota; were able to adopt their own flavor bans. (Porter, 1/2)
The Hill:
Poll: Strong Majority Favors Banning Flavored Vaping Products
A strong majority of voters say they have significant health concerns about vaping and support banning candy and fruit flavors, according to the latest Harvard CAPS/Harris poll. The survey found that 77 percent of voters say they have “significant” concerns about vaping, a figure that is nearly identical among Republicans, Democrats, independents, men and women. (Easley, 1/2)
