The FDA clears these four menthol vaping products for sale
The Food and Drug Administration on Friday authorized marketing for four menthol-flavored e-cigarette products, marking the first time the federal agency has cleared any menthol-flavored vaping products for sale.
The authorizations come despite efforts of tobacco-control advocates to press for a ban on menthol cigarettes, which they say cause disproportionate harm to Black smokers, who were targeted for decades by companies selling menthol cigarettes.
In April, the Biden administration delayed a proposed menthol cigarette ban, amid opposition from the deep-pocketed tobacco industry and civil rights groups who feared a ban would prompt a crackdown on smokers and vendors.
On Friday, the FDA said each application is reviewed on a case-by-case basis and noted the authorization doesn't apply to other menthol-flavored vaping products. The clearances this week apply to four products: NJOY ace pod menthol 2.4%, NJOY ace pod menthol 5%, NJOY daily menthol 4.5%, and NJOY daily extra menthol 6%. Two of the products are refillable pods used with the ACE vaping device. The other two are disposable e-cigarettes that contain an e-liquid container that cannot be refilled.
The FDA announcement came with the usual clarifications of what it means to authorize a product for marketing.
"While this action permits these specific tobacco products to be legally marketed in the U.S., it does not mean these tobacco products are safe nor are they 'FDA approved,'" the federal agency said in a statement. "All tobacco products are harmful and potentially addictive. Those who do not use tobacco products shouldn’t start."
Yolonda C. Richardson, president and CEO of the Campaign for Tobacco-Free Kids, said the FDA's decision was "hard to understand" amid the agency's own reporting that flavored and menthol e-cigarettes have fueled a youth vaping epidemic.
"This decision is especially troubling given the FDA’s failure to do its job and clear the market of unauthorized, illegal e-cigarette products,' Richardson said in a statement. "Rather than authorizing the sale of flavored e-cigarettes, the FDA should be stepping up its enforcement efforts against the illegal products that are addicting our kids."
Richardson cited the 2023 National Youth Tobacco Survey, which found that nearly 1 in 4 high school e-cigarette users used menthol-flavored e-cigarettes. The FDA has found, in its denials of marketing applications for other menthol-flavored e-cigarettes, that “non-tobacco-flavored e-cigarettes, including menthol-flavored e-cigarettes, have a known and substantial risk with regard to youth appeal, uptake and use.”
Matthew Farrelly, director of the office of science in the FDA’s Center for Tobacco Products, said the agency evaluates the evidence in each application.
“Based upon our rigorous scientific review, in this instance, the strength of evidence of benefits to adult smokers from completely switching to a less harmful product was sufficient to outweigh the risks to youth," Farrelly said in a statement.
This article originally appeared on USA TODAY: Menthol vaping products cleared by FDA
