Attorney General Jennifer Davenport announced on May 13 that she has joined a bipartisan group of 21 attorneys general in urging the U.S. Food and Drug Administration to abandon draft guidance that would make it easier for flavored e-cigarette products to gain approval.
The coalition’s letter comes amid concerns that relaxing restrictions on flavored vapes could increase youth addiction. “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.”
According to Davenport, two months earlier on March 11, the FDA released draft guidance suggesting certain flavors such as coffees, tea, spices, menthol, and mint pose lower risks for youth addiction—a position she disputes by referencing research indicating all flavors are favored by youth over unflavored tobacco. The attorneys general urged in their letter that the FDA should maintain strict scrutiny of all flavors.
Federal law requires authorization from the FDA before e-cigarette products can be marketed or sold in the United States; so far only 45 products have been authorized by May 5. Despite this limitation, hundreds of thousands of flavored varieties remain available for purchase without authorization. Recently approved fruit-flavored products and an announcement not prioritizing enforcement against unauthorized sales have added urgency to state officials’ concerns.
Davenport contrasted New Jersey’s approach with recent federal actions: In January 2020 New Jersey became the first state nationwide to ban sale and distribution of flavored vape products; in 2022 it joined other states in a $438.5 million settlement with JUUL Labs over marketing practices.
The New Jersey Attorney General holds statewide authority over legal enforcement and public safety matters under its statutory mandate according to the official website. The office provides services including law enforcement oversight, crime lab support, victim advocacy programs, consumer protection initiatives and extends its reach throughout all counties across New Jersey.
