TRENTON, N.J. — New Jersey Attorney General Jennifer Davenport joined a bipartisan coalition of 21 attorneys general urging the U.S. Food and Drug Administration not to weaken federal oversight of flavored e-cigarette products, arguing the products contribute to youth nicotine addiction.
The coalition asked the FDA to withdraw draft guidance released March 11 that would ease approval standards for certain flavored vaping products.
According to the attorneys general, the guidance would classify flavors such as coffee, tea, spices, menthol and mint as lower-risk products for youth addiction despite research showing flavored tobacco products are especially attractive to young users.
“New Jersey is a leader in the fight to protect kids from dangerously addictive flavored vapes, but the Trump Administration’s rush to weaken core public health protections at the federal level makes it clear that they are prioritizing corporate profits over kids’ health,” said Attorney General Davenport. “Developing minds are uniquely susceptible to the effects of nicotine, and for years, the government’s own science has found that flavored vapes create a pathway for teens to get hooked. Our kids deserve better.”
Federal law requires e-cigarette products to receive FDA authorization before they can be legally marketed or sold in the United States.
According to the coalition, the FDA has authorized 45 e-cigarette products to date and, until May 5, had approved only tobacco- or menthol-flavored products.
The attorneys general said hundreds of thousands of unauthorized vape products remain available for sale nationwide despite federal and state restrictions.
The coalition also criticized recent FDA actions, including the May 5 approval of two fruit-flavored vaping products and a May 8 announcement stating the agency would not prioritize enforcement against unauthorized vaping and nicotine pouch products.
New Jersey banned the sale and distribution of flavored vape products in 2020, becoming the first state in the nation to enact such a prohibition.
In 2022, New Jersey joined a multistate settlement with JUUL Labs totaling $438.5 million that resolved investigations into the company’s marketing and sales practices.
The coalition included attorneys general from Connecticut, Arizona, California, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont and Wisconsin.
