FDA's new vaping policy blindsided regulators, staffers say
AP News • • nation
Key Points:
- The FDA’s tobacco center issued new vaping guidelines allowing certain nicotine products to enter the U.S. market without full regulatory vetting, surprising many internal officials who were not consulted before publication.
- The policy bypassed the usual public comment period and was released shortly after former FDA Commissioner Marty Makary resigned amid industry lobbying and political pressure.
- The new approach permits some flavored e-cigarettes and nicotine pouches previously blocked by regulators, focusing enforcement on products with youth-appealing features rather than flavors themselves.
- The U.S. market is already saturated with unauthorized flavored vaping products, and the FDA’s shift may primarily benefit larger tobacco companies able to navigate the scientific review process.
- Industry observers note the policy could create winners and losers, with smaller vaping firms fearing exclusion while major companies gain a regulatory advantage.