In an attempt to regulate the future of youth vaping and nicotine addiction, today the FDA announced the prohibited sale and use of “any flavored, cartridge-based ENDS product (other than a tobacco – or menthol-flavored product).” The FDA recognizes that the majority of youth who have vaped used fruit, candy, or dessert flavors, and more specifically from a cartridge replaceable system.
Data from the 2019 NYTS indicate that youth overwhelmingly prefer cartridge-based ENDS products. These products are easy to conceal, can be used discreetly, may have a high nicotine content, and are manufactured on a large scale.
The FDA intends to prioritize enforcement against those who are targeting youth through marketing/advertising, promoting easy access or concealment of their product, and other factors that may appeal to youth.
Among youth who reported ever using an ENDS product, a large majority reported their first ENDS use was with a flavored ENDS product. Data also show that among current youth ENDS users, a majority of youth respondents stated that they used ENDS products “because they come in flavors I like.”
The new regulation sets a ban on enclosed flavored vape cartridges (also known as pods) from brands such as Juul, SOL, The Jones, and TWST. It does not apply to tank-based (refillable) devices and bottled e-liquid products. In that way, vape shops and businesses will be able to continue sales with the majority of flavored nicotine e-liquids intended for adult use. Businesses are given 30 days to comply with these rules.