The FDA’s Vaping Ban Has Totally Backfired. Here’s Why

The FDA’s Vaping Ban Has Totally Backfired. Here’s Why

John Hugh DeMastri on August 16, 2022

Alternative disposable flavored vaping devices have taken Juul’s place in the flavored vaping market after the Food and Drug Administration (FDA) banned Juul’s flavored vaping cartridges in 2020, Reuters reported Tuesday.

These disposable flavored vaping devices, primarily made in China, now account for one-third of all U.S. e-cigarette sales, eclipsing Juul’s current market share of 30% and up from 2% in 2019, according to Reuters. While Juul was forced to discontinue extremely popular flavors such as mint and mango after being targeted specifically by regulators, disposable vaping brands have continued to sell flavors such as “peach blueberry candy” and “pineapple strawnana,” Reuters reported.

FDA regulations require that e-cigarettes and other electronic vaping devices must register their product with the FDA and submit an application for it to receive a scientific review, according to Reuters. However, Reuters found dozens of disposable flavored devices that were on sale but were not listed as having submitted applications.

These disposable vaping devices come pre-filled with liquid containing nicotine, which is then vaporized and inhaled, in contrast to Juul which sells cartridges that can be used to reload a single reusable device, Reuters reported. These devices typically cost approximately $15-$25, similar to Juul’s asking price of $17.99 for a four-pack of cartridges, but each device contains anywhere from five to 20 times the liquid of a single Juul cartridge.

On July 5, 2022, FDA administratively stayed the marketing denial order. The agency has determined that there are scientific issues unique to the JUUL application that warrant additional review. (1/3) https://t.co/DHDsFNVe1l

— FDA Tobacco (@FDATobacco) July 5, 2022

Following the 2020 ban on all non-tobacco flavors of Juul e-cigarettes, the FDA moved in June to remove Juul’s remaining products from market, citing concerns over potentially harmful chemicals in the company’s cartridges, The Wall Street Journal reported in July. Juul argued that it was not given only one opportunity to address the FDA’s concerns, despite the fact that similar companies were given up to 14 amendments, The New York Times reported in July.

The FDA claims “there are no safe tobacco products, including [vaping devices],” citing concerns over the possibility of the devices themselves exploding, lung damage, and seizures.

Alex Morrin, 19, started using Juul in 2017, transitioning to fruity flavors from disposable vaping devices after the ban on Juul, Reuters reported. Reuters verified that he has been hospitalized six times for seizures in the time since he began using vaping devices.

Neither Juul nor the FDA responded to a request for comment from the Daily Caller News Foundation.