On July 18, the United States Food and Drug Administration (FDA) gave the green light for the sale of the country's best-selling e-cigarette.
This agency decision only concerns certain tobacco-flavored versions of the reusable product, marketed under the name Vuse. In January 2023, the FDA rejected RJ Reynolds' application for its more popular minty version, but the company challenged the decision in court.
Last month, the FDA granted Njoy the first approval for a menthol-flavored e-cigarette. This vape brand is controlled by the tobacco giant Altria.
Despite Vuse's authorization, the FDA has emphasized that e-cigarettes are not safe.
“All tobacco products are harmful and potentially addictive,” the agency said in a statement announcing the decision. “Those who do not use tobacco products, especially young people, should not start. »
In its decision, the agency noted that tobacco-flavored e-cigarettes do not have the same appeal among young people as fruit- and candy-flavored vape products.
“Although the FDA remains concerned about the risk of e-cigarette use by youth, youth are less likely to use tobacco-flavored products compared to other flavors,” the agency said.
“According to the 2023 National Youth Tobacco Survey, Vuse was among the most commonly used brands among middle and high school students currently using e-cigarettes. However, only 6,4% of students currently using e-cigarettes reported using tobacco-flavored products. »
To further discourage vaping among adolescents, the FDA added that it has implemented strict restrictions on the marketing of Vuse products, to prevent access and exposure to youth.
Over the past year, Vuse accounted for 40% of vape sales in the United States, according to the Associated Press. Most of the sales are of Vuse's menthol products, which remain available under a court order while Reynolds challenges the FDA's decision on menthol.
Juul Labs is now behind Vuse in the vaping market, accounting for less than a quarter of retail sales, the AP reported. The company has had to scale back its marketing and promotional efforts following legal settlements with states, local governments and families who accused the brand of getting children addicted to nicotine with its sleek e-cigarettes.
Some brands like Vuse have been sold in the United States for years, awaiting FDA action on their scientific claims, according to the AP. The market also includes thousands of fruit and candy flavored products from China, illegal but still sold in convenience stores and vape shops.
The FDA missed a court-ordered deadline last month to complete its long-running review of major vape brands. Juul's products are still under federal review, although the FDA recently rescinded a 2022 order that would have forced the products off the market. That order never took effect because FDA regulators initially agreed to suspend it following a legal challenge by Juul.
More than 26 million applications for vape products have been rejected by the FDA, with only a handful of products authorized to help smokers so far.
