E-cigarettes in the United States

17th April 2024: US - Federal: Tobacco researchers Benjamin Toll and Tracy Smith – partnered with Brian King, director of the Center for Tobacco Products at the US Food and Drug Administration (FDA) – wrote a commentary in Nature Medicine that sets out the relative risk of e-cigarettes compared with traditional combustible cigarettes. They emphasised that among adults who have already tried FDA-approved cessation medicines, if the choice is between continuing to smoke traditional cigarettes or switching completely to e-cigarettes, then a complete switch should be encouraged. When Toll and Smith say that e-cigarettes have fewer toxicants and cause less harm than cigarettes, they are specifically referring to the 23 tobacco-flavoured e-cigarettes that have received FDA authorisation for marketing. They believe that doctors can reasonably share that list of FDA authorised e-cigs with people who are struggling to stop smoking.
16th April 2024: US - Federal: The US Food and Drug Administration (FDA) has issued marketing denial orders (MDOs) to Shenzhen Yibo Technology for 65 disposable e-cigarettes marketed as “MNGO Disposable Stick”. The products involved include flavours such as tobacco, menthol, pink lemonade, strawberry mango, watermelon freeze and iced banana, with each flavour offered in a range of nicotine concentrations from 2% to 6%. The MDOs also include several “clear” flavour products that were described by Shenzhen Yibo Technology as flavourless or unflavoured. The FDA said the data submitted in the company’s applications showed these products contained ingredients that are flavour enhancers or are known to impart a menthol or mint flavour. The products appeal to youth, the FDA said, citing the 2023 National Youth Tobacco Survey, which found nine out of ten current e-cigarette users reported using flavoured e-cigarettes – with fruit flavours being the most popular.
11th April 2024: US - Ohio: A coalition of 14 cities in Ohio has filed a lawsuit challenging the state law that prevents cities and counties from enacting tobacco regulations that are stricter than the state’s. The plaintiffs claim the law violates Ohio’s constitution, specifically a line that says cities “have the authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws”. The pre-emption law was passed by the state’s General Assembly as part of its budget proposal, and then vetoed for a second time by governor Mike DeWine before the General Assembly voted to override the veto in January. The case seeks a temporary injunction to keep the ban from going into effect on 24th April.
10th April 2024: US - New York: Bill S 9012 has been introduced, which would create a vapour product directory in the state. The attorney general must develop a vapour product directory listing all manufacturers and all vapour products that are sold in the state, and publish and maintain the directory on its website.
8th April 2024: US - New York: New York City mayor Eric Adams and New York City corporation counsel Sylvia O. Hinds-Radix reported that the city of New York has filed a lawsuit against 11 wholesalers for the illegal sale of flavoured disposable e-cigarettes. According to a statement from the city, the 11 defendants are alleged to have distributed (and continue to distribute) youth-friendly-flavoured disposable e-cigarettes (such as Strawberry Colada, Mellow Mint, Blueberry Energize and Frozen Creamsicle) to retail vape and smoke shops, convenience stores and directly to consumers over the internet, in violation of federal, New York state and New York City law. The lawsuit seeks to block the defendants from further sales of these illegal items and seeks damages and penalties. “This lawsuit continues the city’s enforcement effort against companies that flout the law by selling flavoured vapes to retailers and directly to consumers in the city,” said Hinds-Radix.
8th April 2024: US - Federal: The US House Oversight and Accountability Committee has announced a hearing that will examine the Food and Drug Administration (FDA), with committee members questioning FDA commissioner Robert Califf. The hearing “will examine the Oversight Committee’s ongoing investigations into the FDA’s response to several issues, including the regulation of tobacco and nicotine products”. The hearing is scheduled for 11th April, and will be streamed live on the committee’s website. Last year the committee announced that it was investigating the FDA Center for Tobacco Products.
5th April 2024: US - Mississippi: Senate Bill (SB) 2886 has been passed by the House and now heads to the governor’s desk. The bill would establish a “nicotine vapor device directory” by 1st August 2024. SB 2886 would require e-cigarette manufacturers to provide the Department of Revenue with a certification that they are compliant with federal law and to pay a fee for each vape product for each annual certification.
4th April 2024: US - Vermont: Governor Phil Scott has vetoed S 18, which would have banned the sale of flavoured tobacco products, including menthol, because he thinks it’s impractical considering the products could still be bought online or in neighbouring states. He further wrote: “To be clear, I too feel we have an obligation to protect our children, but it must be balanced in such a way that we honor the rights and freedoms of adults to make decisions about their individual lives.” The American Heart Association opposed the governor’s decision to veto the bill saying that “failing to pass this legislation means Big Tobacco continues to hook young people into a lifetime of addiction”.
27th March 2024: US - Federal: On 26th March, the Food and Drug Administration (FDA) announced the issuance of warning letters to 61 bricks-and-mortar retailers for selling or distributing e-cigarette products that lack FDA authorisation. These warning letters cite the sale of disposable e-cigarette products marketed under brand names Elf Bar/EB Design and Lava, and were a result of the agency's ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal.
22nd March 2024: US - Utah: Senate Bill (SB) 61 has been signed by the governor. The bill prohibits the sale of e-cigarette products that have not received or are pending market authorisation from the federal Food and Drug Administration (FDA). SB 61 will further prohibit the sale and distribution of flavoured e-cigarettes (not including menthol or tobacco flavours). Both prohibitions are set to begin 1st January 2025. Additionally, it will also create an e-cigarette product registry, and products not included in this registry will not be able to be sold from 1st January 2025. Finally, the bill will impose nicotine restrictions, including in the definition of “premarket authorised or pending electronic cigarette product” (the only type of product that will be allowed on the market) products that do not exceed either 4% nicotine by weight per container or a nicotine concentration of 40 mg/ml.
18th March 2024: US - Vermont: Senate Bill 18 has been passed by the House and goes back to the Senate, which passed a different version of the bill last year. The bill would ban flavoured e-cigarettes and tobacco products, including all menthol-flavoured tobacco products.

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