The Food and Drug Administration (FDA) allowed e-cigarettes to remain on the market without going through the proper review because the agency believed the products would help adult smokers quit. The FDA made a bad judgment call, and the consequence was the rapid rise of e-cigarette use among young people, many of whom likely would never have used a tobacco product. This huge surge in nicotine use has negative and far-reaching consequences for public health.
The agency took steps to curb the sale of some fruit and candy flavored e-cigarettes, but it left many flavors that appeal to youth available for sale — including mint and menthol — and many avenues, like online sales, open.
Thanks to a lawsuit by public health groups, e-cigarette manufacturers had to submit applications to the FDA for review by September 9th, 2020, and the agency had one year to either approve the products or pull them from the market. That deadline has come and gone, and unauthorized products continue to fall into the hands of kids. The FDA has also yet to review some of the most popular e-cigarettes on the market, including Juul, NJOY, and many products by Vuse.