SAFE GC Coalition: FDA Sued Over Alleged Unauthorized Marketing of E-Cigarettes

SAFE GC Coalition: FDA Sued Over Unauthorized Marketing of E-Cigarettes

According to Campaign for Tobacco Free Kids, the Food and Drug Administration recently issued a new "enforcement guidance" allowing e-cigarettes and nicotine pouches to be marketed and sold without the scientific review and marketing authorization required by federal law. This includes kid-friendly, flavored products the FDA itself has repeatedly found pose a substantial risk to youth.

Last month, Campaign for Tobacco Free Kids sued the FDA. Their lawsuit was joined by the American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Truth Initiative, Parents Against Vaping, a pediatrician with expertise in adolescent tobacco use, and a parent of two addicted children.

The lawsuit's premise:

• The FDA’s action violates the Tobacco Control Act by allowing new tobacco products to be marketed without the agency’s scientific review and prior authorization.
• Violates the Administrative Procedure Act because the agency bypassed public notice and comment requirements before issuing the policy.
• Is “arbitrary and capricious” because it provides no meaningful justification for creating an enforcement safe harbor or changing the agency’s longstanding approach to flavored products, which the FDA has consistently identified as a major driver of youth use.

"By illegally allowing the sale of unauthorized e-cigarettes and nicotine pouches, including products with proven youth appeal, this guidance helps the tobacco industry target kids and threatens the hard-won progress our nation has made in reducing youth tobacco use. As organizations and individuals committed to protecting the health of America’s young people, we cannot allow this to happen."

While youth use of tobacco products has declined significantly in the United States in recent years, the 2025 National Youth Tobacco Survey found that more than 2 million middle and high school students still use tobacco products. E-cigarettes and nicotine pouches were the two most used products, and about 90% of youth who used these products reported using flavored varieties.

SAFE, Inc. is the only alcohol and substance abuse prevention, intervention, and education agency in the City of Glen Cove. Its Coalition is concerned with all combustible and electronic products with tobacco. The Agency employs environmental strategies to educate and update the community regarding the negative consequences of smoking and vaping. To learn more about the SAFE Glen Cove Coalition please follow www.facebook.com/safeglencovecoalition or to learn more about electronic products visit the Youth and Tobacco Use and Vaping Facts and Myths Pages of SAFE’s website to learn more about how vaping is detrimental to your health at www.safeglencove.org.

The Campaign for Tobacco-Free Kids is an American non-profit membership organization headquartered in Washington, D.C., that advocates in favor of reducing tobacco consumption. For more information, please visit https://www.tobaccofreekids.org.