FDA Approves Tobacco-Flavored E-Cigarettes Despite Criticism

Mar.28.2022
FDA Approves Tobacco-Flavored E-Cigarettes Despite Criticism
FDA approves tobacco-flavored e-cigarette products from Logic Technology Development LLC, sparking controversy among public health advocates.

The Food and Drug Administration (FDA) has officially approved several tobacco-flavored electronic cigarette products from Logic Technology Development LLC, as announced on Thursday. The FDA also stated that it is "closer" to making additional decisions regarding products that hold a larger market share.

 

Public health advocates are feeling frustrated as the agency has exceeded the September deadline set by a Maryland US District Court to decide which electronic cigarette products can remain on the market.

 

Despite being allowed to be sold on the market for many years, in 2020, the FDA required these companies to submit applications to keep their e-cigarette products on the market.

 

The FDA announced on Thursday that Logic Technology's tobacco-flavored products may benefit adult smokers as an alternative to traditional cigarettes. The agency stated that if the company adheres to requirements to reduce young people's exposure and initiation of these products, the potential benefit outweighs the risk of young people starting to use them.

 

However, the agency has rejected some of Logic's other e-cigarette products and has yet to make a decision on others, including some products containing menthol.

 

The information submitted by the company to the FDA reveals that these products assist adult smokers in transitioning from traditional cigarettes to electronic cigarettes, which may reduce their exposure to harmful and potentially harmful toxins such as carbon monoxide.

 

A study submitted by Logic Technology to the FDA found that when most people who smoke traditional cigarettes switch to e-cigarettes, their cigarette consumption decreases by 80%, dropping from an average of 13 to 16 cigarettes per day to one or two after about two months of making the switch.

 

However, another study published this year found that using e-cigarettes does not increase a person's chance of quitting smoking or prevent relapse. It was also found to be less effective than nicotine gum and other replacement therapies. Other research suggests that young people are unlikely to start using tobacco-flavored e-cigarettes. Most children start with candy, fruit, and mint flavors.

 

The agency stated that FDA authorization on Thursday does not imply that these products are safe and they are not "FDA approved.

 

According to a press release from the FDA, all tobacco products are harmful and have the potential to lead to addiction. Individuals who do not use tobacco products should not start.

 

The most important decision awaits

 

According to the pre-market tobacco product application pathway, all e-cigarette manufacturers must demonstrate that their product marketing is suitable for protecting public health. When the FDA makes decisions about e-cigarette products, it must consider the risks and benefits to the entire population, not just the users of these products.

 

The FDA has announced that it has taken action on 99% of nearly 6.7 million e-cigarette products that were submitted for pre-market authorization. The agency has refused to authorize over one million products.

 

If a product is denied authorization, the company must immediately remove it from the market.

 

In October, the FDA approved several tobacco-flavored products manufactured by RJ Reynolds.

 

According to a 2020 survey conducted by Statista, Logic Technology Development holds only 8% of the market share. The FDA has not yet made a ruling on the products of market leader Juul Labs.

 

I am glad they have limited the ruling to only allow tobacco-flavored products," said Democratic Congressman Raja Krishnamoorthi of Illinois, who has been working to pass more regulations on e-cigarette products.

 

When he heard the announcement from the FDA on Thursday, he said he needed to do some research on the company because it is a small business.

 

Unfortunately, we have become like addicted babies to an increasing amount of these products every day, taking another infantile step.

 

Matt Myers, president of the Smoke-Free Kids advocacy group, stated that the latest measures are not enough.

 

Miles stated, "Today's decision to authorize the use of tobacco-flavored e-cigarettes for adults or adolescents who do not widely use them does not establish any new precedents. The most important decision still lies ahead for the FDA.

 

Despite the FDA's claim to have addressed almost all of the products that came before it, Miles stated that these products only account for approximately 25% to 30% of the market.

 

Myles stated that his organization has submitted a petition to the court, requesting intervention as six months have passed since the deadline, yet no ruling has been made.

 

Krishnamoorthi stated that he has been inquiring about updates on the status from the FDA, but the agency has been unresponsive.

 

Still existing: Menthol and disposable products.

 

One unresolved question concerns a product made with menthol, which is still under review.

 

The FDA announced in January that it is expected to make a decision on menthol products this year.

 

According to data from the FDA, the smoking rate among adults has decreased from 42% to 14% over the past 55 years. However, it is estimated that there are currently nearly 18.6 million menthol cigarette smokers in the United States. Almost 85% of non-Hispanic black smokers choose menthol cigarettes.

 

According to research, the use of menthol increases the appeal of tobacco products among both adult and new/long-term smokers. Menthol cigarettes are also believed to be more likely to cause addiction. One study estimates that if menthol were banned in cigarettes and cigars, it could prevent 650,000 premature tobacco-related deaths.

 

When the FDA banned the sale of fruit-flavored e-cigarette cartridges for children, they had not yet taken action against another group of products known as disposable items, which are popular among children.

 

Disposable products were previously not regulated by the FDA because they use nicotine from laboratory-manufactured products rather than tobacco. Krishnamoorthi helped develop bipartisan legislation to address this loophole, which was signed into law as part of a comprehensive bill by President Biden last week.

 

There is still a long way to go in terms of regulating these products.

 

Erika Sward, assistant vice president in charge of national promotion for the American Lung Association, expressed concern over the lack of FDA action on other products commonly used by many individuals. She stated, "It is unsettling to think that all of these other products that are used by so many people are still awaiting FDA action. Perhaps the FDA has already made all the significant and easy decisions, but they have left the ones that have the greatest impact on public health on their to-do list.

 

Swode stated that the Lung Association "breathed a sigh of relief" because the FDA rejected additional flavored products in their decision on Thursday.

 

However, we are disappointed that the FDA appears to be chasing windmills by continuing to search for products that maintain addiction to tobacco," Sword said.

 

Inhaling e-cigarette products into the lungs is also dangerous and due to the relative novelty of these products, their potential long-term consequences are not yet fully understood.

 

Get the weekly newsletter from CNN Health.

 

Register here to receive results every Tuesday alongside Dr. Sanjay Gupta and the CNN Health team.

 

Even more alarming is that from a public health perspective, it is the FDA's responsibility," said Swort. "So far, it seems we are willing to sacrifice a generation of children to use these products, but we still have not done what we need to do to help current smokers.

 

Sword said that rather than encouraging adults to switch to e-cigarettes, it is better to talk to their doctors and use one of the seven safe and effective smoking cessation drugs approved by the FDA. Studies have shown that people who use counseling or FDA-approved products have a much higher success rate in quitting smoking than those who try to quit cold turkey (referring to the sudden cessation of substance dependence and the unpleasant experience that comes with it).

 

(Source: CNN)

 


Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Charlie’s Says 30 PACHA Vape SKUs Tentatively Identified for FDA’s Non-Priority Enforcement Public List
Charlie’s Says 30 PACHA Vape SKUs Tentatively Identified for FDA’s Non-Priority Enforcement Public List
Charlie’s Holdings said the U.S. Food and Drug Administration notified the company on June 23, 2026, that 30 PACHA vape SKUs with submitted PMTAs had been tentatively identified for inclusion on a planned public-facing FDA webpage. Under enforcement guidance issued by FDA in May, the webpage is intended to identify certain unauthorized products for which the agency generally does not intend to prioritize enforcement of premarket authorization requirements. Charlie’s disclosed the development alongside second-quarter revenue of $3.8 million, up 116% year over year.
Aug.25
EU Trade Department Faces Scrutiny Over Contacts With Tobacco Industry
EU Trade Department Faces Scrutiny Over Contacts With Tobacco Industry
European Ombudswoman Teresa Anjinho has opened an inquiry into how the European Commission’s Directorate-General for Trade handles interactions with the tobacco industry. The case follows a complaint from a civil society organisation that alleges regular, unnecessary and non-transparent contacts between DG TRADE and tobacco industry representatives, raising questions over compliance with the EU’s obligations under the WHO Framework Convention on Tobacco Control. The inquiry remains ongoing, and the Ombudswoman has not reached any finding of maladministration.
Aug.24
How Large Is France’s Off-Channel Tobacco Market? Logista Says It Has Become Structural, While the Official Estimate Is 17.7% and Some Industry Studies Put It Above 50%
How Large Is France’s Off-Channel Tobacco Market? Logista Says It Has Become Structural, While the Official Estimate Is 17.7% and Some Industry Studies Put It Above 50%
Logista France says tobacco consumption outside France’s official tobacconist network has become a large and structural market phenomenon, but official and industry estimates differ sharply. France’s TAFE study estimates that 17.7% of tobacco consumption escaped domestic taxation in 2023, with most of that volume attributed to cross-border purchasing rather than street sales. Some industry studies use broader off-channel definitions and put the figure above 50%. Meanwhile, French Customs seized 547.94 tonnes of tobacco in 2025, up 12%, showing continued pressure from illicit trade.
Sep.04
Product | FOGER Introduces Switch Pro 30K Nixodine Pod in U.S. Retail, Bringing 6-MN Related Formulation to High-Capacity Pod Platform
Product | FOGER Introduces Switch Pro 30K Nixodine Pod in U.S. Retail, Bringing 6-MN Related Formulation to High-Capacity Pod Platform
FOGER has introduced the Switch Pro 30K Nixodine Pod in U.S. retail channels, bringing a 6-methylnicotine (6-MN)-related formulation into its reusable Switch Pro 30K pod ecosystem. The product retains the existing reusable dock and magnetic replacement pod architecture, featuring a 19ml prefilled pod, dual-mesh heating and Normal/Boost modes. The Nixodine version is labeled nicotine-free in terms of conventional nicotine but uses a 5% Nixodine-related formulation. The product has appeared in U.S. retail and wholesale channels, with some listings indicating Kentucky-only availability.
Aug.28
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
Acme Vape Ltd, the company behind UK vaping brand IVG, has received HM Revenue & Customs approval to operate an excise warehouse for vaping products and participate in the Vaping Duty Stamps Scheme. The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Acme Vape Ltd says its approved warehouse in Preston will become operational under the new regime on the same date.
Regulations
Sep.18 by 2Firsts Perspectives
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's liquid-vape market is showing changes across raw-material imports, product types and sales channels after synthetic nicotine came under the Tobacco Business Act on April 24. Customs data show nicotine-analogue imports totaled 12,126 kilograms from April through August, while synthetic-nicotine imports over the same five months totaled 231,663 kilograms, just 39.3% of the amount imported in March alone. Physical liquid-vape stores tracked in Seoul and Gyeonggi Province fell 9.9%, unmanned outlets edged higher and online sales listings increased from 27,774 to 42,437. Government testing of 105 liquid inhalation products promoted as nicotine-free separately found nicotine in 13 and 6-methylnicotine in 12.
Sep.22