Public Health Groups Sue FDA to Block May Flavored Vape Policy
Updated
Updated · The New York Times · Jul 14
Public Health Groups Sue FDA to Block May Flavored Vape Policy
3 articles · Updated · The New York Times · Jul 14
Summary
A coalition led by Campaign for Tobacco-Free Kids sued the FDA on Tuesday, asking a judge to void a May policy that could let new flavored e-cigarettes and nicotine pouches reach shelves without full scientific review.
The policy says the FDA will not use enforcement against products that have made significant progress toward approval, a shift the groups say sidesteps the Tobacco Control Act's product-by-product review requirement.
Until May, the FDA had authorized vapes only in menthol or tobacco flavors, which regulators viewed as less attractive to youths, even as illegal high-nicotine flavored products from China spread across the U.S.
The lawsuit also points to timing around the policy's rollout: it was finalized days after tobacco executives dined with President Trump in Florida, and two days after Reynolds American gave $5 million to a pro-Trump super PAC.
In the fight over flavored vapes, must we choose between protecting kids and helping adult smokers quit?
What science justifies allowing new flavored vapes onto the market without a full public health review?
FDA Faces Lawsuit Over Flavored Vape Policy Amid 47% Spike in E-Cigarette Sales and Youth Addiction Fears
Overview
In July 2026, public health groups, pediatricians, and parents sued the FDA, arguing that its new policy on flavored vapes would harm young people. They claim the FDA is allowing unauthorized, youth-appealing products—often from China with high nicotine and sweet flavors—to stay on the market. Previously, only menthol or tobacco flavors were permitted, but now the market is flooded with illegal options. The plaintiffs see the FDA’s guidance as a green light for these products, raising concerns about reversing progress in reducing youth nicotine use and challenging the agency’s responsibility to protect public health.