New Jersey Attorney General Jennifer Davenport joined a bipartisan coalition of 21 attorneys general today to formally oppose a federal push to loosen restrictions on flavored e-cigarettes. The group sent a letter to the U.S. Food and Drug Administration (FDA) demanding the agency scrap draft guidance that could make it easier for flavored vapes to hit the market.
The pushback follows a March 11 move by the FDA to release guidance suggesting that certain flavors—including coffee, tea, spices, and mint—might be considered “lower risk” for youth addiction.
Critics of the plan argue that this ignores years of data showing that any flavoring, not just fruit or candy, serves as a primary draw for teenagers.
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“New Jersey is a leader in the fight to protect kids from dangerously addictive flavored vapes, but the Trump Administration’s rush to weaken core public health protections at the federal level makes it clear that they are prioritizing corporate profits over kids’ health,” Attorney General Davenport stated. “Developing minds are uniquely susceptible to the effects of nicotine, and for years, the government’s own science has found that flavored vapes create a pathway for teens to get hooked. Our kids deserve better.”
Under current federal law, every e-cigarette product needs specific FDA authorization to be sold legally. However, the market remains flooded with thousands of unauthorized varieties.
While the FDA had historically only approved tobacco or menthol flavors, the agency recently shifted course, approving two fruit-flavored products on May 5. Just three days later, on May 8, the FDA announced it would not prioritize enforcement against unauthorized vapes and nicotine pouches.
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The coalition of attorneys general argues these recent actions represent a retreat from public health duties. New Jersey has maintained a stricter stance, becoming the first state to ban flavored vape sales in 2020.
The state also participated in a $438.5 million settlement with JUUL Labs in 2022, which imposed tight restrictions on how the company can market to consumers.
Davenport is joined in this effort by attorneys general from Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wisconsin.
The group is calling for the FDA to maintain high scrutiny on all flavor profiles to prevent a resurgence in youth nicotine dependency.
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