E-cigarettes in the United States

US - federal: The Food and Drug Administration (FDA) has published a new webpage listing all the tobacco products-related citizen petitions received by the agency’s Center for Tobacco Products (CTP). A citizen petition is a way for individuals, regulated industry representatives, or consumer groups to petition the FDA to issue, amend, or revoke a regulation, or to take other administrative action.

US - federal: Senate majority leader Chuck Schumer is calling on the Food and Drug Administration (FDA) to investigate Elf Bar for allegedly skirting US advertising laws, press reports. New York Democrat Schumer says Elf Bar products are colourfully packaged to attract young people, and that flavours such as peach mango, cotton candy, and vanilla ice-cream are deliberately kid-friendly. Hе claims the company is using social media platforms TikTok and Instagram, and paying influencers to market e-cigarettes directly to children and teens. He said the FDA must use its “full authority and power to investigate and take actions against Elf Bar and be prepared to ban it from the market”.

US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.

US - Nevada: Assembly Bill 294 has passed its first reading and been referred to the Committee on Health and Human Services. It would ban the sale of tobacco products and e-cigarettes with any flavour other than tobacco. It would also ban cigarette sales to anyone born after 31st December 2002; and bar the Nevada Department of Taxation from issuing a licence to any vending machine operator, manufacturer or wholesale dealer in cigarettes after 31st December 2028. It is unclear if these last measures would apply to e-cigarettes or heated tobacco products, since there is no definition of “cigarette” in the bill.

US - Texas: House Bill 3022, which would ban the sale of single-use e-cigarettes, has passed its first reading and been referred to the Committee on Public Health.