New Jersey joins multi-state fight against flavored vape expansion
TRENTON, NJ — New Jersey Attorney General Jennifer Davenport is urging federal regulators not to loosen restrictions on flavored vaping products, warning that easing approvals could fuel youth nicotine addiction across the country.
Davenport announced Wednesday that New Jersey joined a bipartisan coalition of 21 attorneys general pressing the U.S. Food and Drug Administration to withdraw draft guidance that could make it easier for certain flavored e-cigarette products to receive federal approval.
The coalition argues the proposed federal changes would weaken protections designed to keep flavored nicotine products away from children and teenagers.
“New Jersey is a leader in the fight to protect kids from dangerously addictive flavored vapes,” Davenport said in a statement. “Developing minds are uniquely susceptible to the effects of nicotine.”
According to the attorney general’s office, the FDA released draft guidance on March 11 suggesting that some vape flavors — including coffee, tea, spice, mint and menthol — may present a lower risk for youth addiction.
State attorneys general opposing the proposal argue extensive research has consistently shown that flavored nicotine products remain especially appealing to younger users.
The coalition formally urged the FDA to continue strict scrutiny of all flavored vaping products rather than relaxing standards.
Federal law requires all e-cigarette products to receive FDA authorization before they can legally be marketed or sold in the United States.
Despite those rules, officials noted that hundreds of thousands of flavored vape products remain available nationwide.
The debate intensified further this month after the FDA approved two fruit-flavored vape products on May 5.
Days later, the agency also announced it would not prioritize enforcement actions against some unauthorized vape and nicotine pouch products currently on the market.
New Jersey officials pointed to the state’s own actions targeting flavored vaping products.
In 2020, New Jersey became the first state in the nation to ban the sale and distribution of flavored vape products.
The state also joined a multistate settlement with JUUL Labs in 2022 that imposed restrictions on marketing and sales practices tied to youth vaping concerns.
Attorneys general from states including New York, California, Pennsylvania, Maryland and Massachusetts joined the latest effort opposing the FDA draft guidance.
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Key Points
• New Jersey joined 21-state coalition opposing flavored vape expansion
• Attorneys general warn flavored products fuel youth nicotine addiction
• FDA draft guidance could ease approval process for some flavored vapes