E-Cigarette Crisis: CA, Bipartisan Coalition Urge FDA To Spare Kids

CALIFORNIA — Flavored disposable e-cigarettes have become the new driver of "the youth vaping crisis," with manufacturers using flavors and attractive marketing to addict a new generation to nicotine, according to California Attorney General Rob Bonta, who wants to see federal intervention on the matter.

Bonta joined a multi-state bipartisan coalition of 33 attorneys general in a letter urging the U.S. Food and Drug Administration to adopt new regulations and stronger enforcement mechanisms to address the rise of flavored, disposable e-cigarettes, which have recently grown in popularity among young users, he announced Wednesday.

The Aug. 29 comment letter also calls for a federal ban on all flavored e-cigarettes and similar products.

"I urge the FDA to move swiftly to put a stop to the sale of these products before a new generation of teens starts vaping and smoking," Bonta said Wednesday in announcing the letter. "The California Department of Justice is committed to protecting the health, quality of life, and future of California’s children."

The coalition's letter calls for:

• Banning all non-tobacco flavored electronic nicotine delivery systems products, both disposable and non-disposable;
• Implementing regulations limiting the concentration and quantity of nicotine in e-liquids;
• Adopting regulations governing the marketing of e-cigarettes, with particular emphasis on social media and influencers; and
• Taking stronger enforcement actions against manufacturers, distributors and retailers of flavored disposable e-cigarettes.

In August 2016, the FDA's regulatory authority was extended to cover e-cigarettes, which includes developing regulations to address manufacturing, marketing and sales.

"In recent years, flavored, disposable e-cigarettes and similar Electronic Nicotine Delivery Systems (ENDS) products have flooded the market and surged in popularity," according to Wednesday's announcement from Bonta. "These products often have stronger nicotine strengths, larger volumes of e-liquid, and cheaper prices than traditional cartridge-based e-cigarettes, and are widely available in flavors like fruit, candy, and ice that are appealing to young people.

In California, it is illegal for retailers and clerks to sell tobacco products to anyone under the age of 21. The law applies to the sale of traditional tobacco products like cigarettes as well as to the sale of electronic smoking devices like e-cigarettes and tobacco product paraphernalia.

Despite the age limit, e-cigarettes are the most commonly used tobacco product among youth since 2014, according to the U.S. Centers for Disease Control and Prevention.

In 2022, about 1 out of every 30 middle school students (3.3%) reported that they used e-cigarettes in the past 30 days, while about 1 of every seven high school students (14.1%) reported that they used e-cigarettes in the past month, according to the CDC. In both populations, more girls than boys used e-cigarettes, the data showed.

There is a clear reason for these troubling statistics, according to the coalition's letter.

"Despite lacking federally required marketing authorization, flavored disposable ENDS are ubiquitous. By the end of last year, disposable ENDS accounted for a majority of ENDS sales. Hundreds of brands in a variety of child-friendly flavors and designs are readily available at convenience stores, vape shops, and online outlets nationwide," the letter reads.

In an Associated Press report from June, the news outlet found that unauthorized vapes continue to enter the United States despite FDA rules, with more than 5,800 disposables currently being sold in this country. Much of the increase is driven by Chinese-manufactured products, according to the AP.

In 2020, the FDA banned fruity flavors from reusable vaping systems like Juul amid a surge in youth vaping, but the regulation specifically exempted disposable e-cigarettes, leading to an explosion in new products on the market today, the AP reported.

This is not welcome news for concerned parents. According to the CDC, the use of e-cigarettes is unsafe for kids, teens and young adults, because:

• Most e-cigarettes contain nicotine. Nicotine is highly addictive and can harm adolescent brain development, which continues into the early to mid-20s.
• E-cigarettes can contain other harmful substances besides nicotine.
• Young people who use e-cigarettes may be more likely to smoke cigarettes in the future.

The Aug. 29 letter urges the FDA and its federal partners "to initiate and follow through with enforcement actions against manufacturers, distributors, and retailers who are saturating the market with these products."

In addition to Bonta, the letter was signed by attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington and Wisconsin.

Read more from the CDC:

Quick Facts on the Risks of E-cigarettes for Kids, Teens, and Young Adults

Youth and Tobacco Use

Outbreak of Lung Injury Associated with the Use of E-Cigarette, or Vaping, Products