U.S. Senator Durbin Criticizes FDA’s First Flavored Vape Authorization, Says Trump Administration Conceded to Big Tobacco

Regulations
May.15
U.S. Senator Durbin Criticizes FDA’s First Flavored Vape Authorization, Says Trump Administration Conceded to Big Tobacco
U.S. Senator Dick Durbin on May 13 criticized the Trump Administration’s Food and Drug Administration for approving the sale and marketing of fruit-flavored e-cigarettes for the first time, while also allowing some illegal vaping products to remain on the market. He also linked the regulatory shift to the departure of FDA Commissioner Marty Makary, saying White House pressure on regulators to approve tobacco product applications could create serious public-health consequences.

Key Points

  • FDA authorized fruit-flavored vapes;
  • Durbin criticized Big Tobacco influence;
  • Illegal vape sales remain disputed;
  • Makary’s exit drew political scrutiny.

2FIRSTS, May 15, 2026 — According to the official website of U.S. Senator Dick Durbin, Durbin spoke on the Senate floor on May 13, criticizing the Trump Administration’s Food and Drug Administration for approving the sale and marketing of fruit-flavored e-cigarettes and allowing some illegal vaping products to remain on the market.

In his remarks, Durbin said the FDA authorized flavored e-cigarettes for the “first ever” time and claimed the decision followed pressure from President Trump. He also said tobacco companies donated to Trump’s election, inauguration and related events with the expectation of favorable treatment.

Durbin said scientists, doctors, parents and the FDA’s own studies acknowledge that sweet and fruity flavored e-cigarettes are responsible for addicting children to nicotine. He added that health experts he has spoken with believe the true share of high school students vaping is at least 40%.

On health risks, Durbin said e-cigarettes contain formaldehyde, chromium, nickel and lead, and cited a recent study as finding that vaping is likely to cause cancer. He said the public should not trust Big Tobacco’s promises that it will not market to children.

Durbin also criticized the FDA for allowing scores of illegal vapes to remain on the market, saying those products had not first proven to the agency that they were “appropriate for protection of public health,” as required by law. He described the move as a “gift” to vaping and cigarette companies including Altria and RJ Reynolds.

Durbin linked the issue to the departure of FDA Commissioner Marty Makary. He said that although he did not agree with Makary on every issue, he appreciated Makary’s focus on protecting children from Big Tobacco.

Durbin concluded that whether the issue involves drugs, medical devices or tobacco products, it is not a good idea for the White House to pressure regulators to approve applications. He said such pressure could lead to “deadly consequences” and called on Republican colleagues to speak out.

U.S. Senator Durbin Criticizes FDA’s First Flavored Vape Authorization, Says Trump Administration Conceded to Big Tobacco
A video posted on U.S. Senator Dick Durbin’s official website shows his Senate floor remarks titled “Durbin Condemns Trump’s Concessions To Big Tobacco,” criticizing the Trump Administration’s policy concessions to Big Tobacco. |Image source: Screenshot from Dick Durbin’s official website.

The video page on Durbin’s website is titled “Durbin Condemns Trump’s Concessions To Big Tobacco.” The audio and TV footage of Durbin’s Senate floor remarks were made available.


2FIRSTS | FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
2FIRSTS | FDA Tobacco Center Pushes Review-Efficiency Statement After Commissioner’s Exit
FDA CTP issued a May 7 statement on accelerating product review and improving PMTA efficiency, but did not push it via official X and newsletter until May 13, one day after FDA Commissioner Marty Makary’s resignation was confirmed. FDA has not explained the delay, and no public evidence links it directly to the leadership change. The timing is notable given CTP’s usual 24-hour distribution practice.
www.2firsts.com

2FIRSTS | RFK Jr. Spokesman Resigns Over FDA Authorization of Fruit-Flavored Vapes
2FIRSTS | RFK Jr. Spokesman Resigns Over FDA Authorization of Fruit-Flavored Vapes
Richard Danker, a senior public affairs official in Health Secretary Robert F. Kennedy Jr.’s team, resigned from his role at HHS over the FDA’s recent authorization of fruit-flavored vaping products. In a resignation letter addressed to President Donald Trump, Danker argued that the products could expose minors to nicotine addiction, lung damage, and increased cancer risks, while also conflicting with recent HHS guidance on youth risks associated with flavored nicotine products.
www.2firsts.com

2FIRSTS | FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
2FIRSTS | FDA Commissioner Marty Makary Resigns After Opposing Trump Administration’s Flavored Vape Push
FDA Commissioner Marty Makary resigned on May 12 after opposing the Trump administration’s push to authorize fruit-flavored vaping products, according to reporting by The New York Times. Makary reportedly objected over concerns that flavored vapes could attract young people and refused to support broader approvals.
www.2firsts.com


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