New Smoke-Free Kids Campaign Report: Flavored e-cigarettes are still widely available in the United States

Blue Hole New Consumer Report, December 21 reported that according to foreign news reports, the new smoke-free children's movement (CTFK) released a report showing that three months after the US Food and Drug Administration court ordered a deadline to decide what e-cigarette products can stay on the market, teenagers across the United States are still using flavored e-cigarettes.

Under a federal court order, e-cigarette manufacturers must submit a marketing application to the FDA by September 9, 2020, and the products applied in time can stay on the market for up to one year, and the FDA reviewed the application, and the deadline expired on September 9, 2021.

CTFK and other public health organizations have urged the FDA to reject all marketing applications for flavored e-cigarettes because there is clear evidence that flavored products contribute to epidemic e-cigarette use and nicotine addiction among young people.

The FDA rejected marketing applications for more than 1 million flavored e-cigarette products. However, the FDA has not yet issued a decision on e-cigarette brands with the largest market share or most popular with children, such as Juul, most Vuse products, NJOY, Blu, Smok, and Suorin.

According to CTFK, despite the popularity of menthol products among children, the FDA is also considering whether to approve any menthol-flavored e-cigarettes.

In addition, more than 40 e-cigarette companies have filed lawsuits challenging the FDA's marketing refusal order, and other companies — including Puff Bar, now the most popular flavored disposable e-cigarette for children — have begun using synthetic nicotine because the substance is not currently regulated by the agency.

To assess the impact of FDA actions to date on the availability of flavored e-cigarettes, CTFK scanned five of the top online e-cigarette retailers and 43 brick-and-mortar stores in eight U.S. cities. The group noted that the scan provides a snapshot of the current e-cigarette market and is not intended to be a representative sample of national or online stores.

Key findings include child-friendly flavored e-cigarettes and nicotine e-cigarette oils that are still widely available; the best-selling e-cigarette brands can still be purchased; and according to CTFK, the most popular e-cigarette brands among young people still have flavors that appeal to young people.

The group called on the FDA to act quickly on all remaining e-cigarette applications and to deny authorization to all flavored e-cigarettes, including mint-flavored products.