Raoul, Multistate Coalition Supports FDA’s Denial of Flavored Vape Products, Highlighting the Importance of Federal Action to Support States’ Efforts to Address Youth Vaping
Chicago – Attorney General Kwame Raoul, with a coalition of 19 attorneys general, filed an amicus brief with the U.S. Supreme Court supporting the Food and Drug Administration’s (FDA) decision to deny certain companies the ability to market and sell their flavored vape products across state lines.
In their brief, Raoul and the attorneys general highlight the significant public health harms of flavored vape products, especially for young people, and underscore the need for continued FDA oversight to support state efforts to combat the youth vaping epidemic.
“E-cigarette use is an ongoing epidemic among youth in Illinois, and the sale of flavored vaping products contributes to the problem throughout the state and nation,” Raoul said. “I will continue to partner with advocates, lawmakers and state and federal regulators to enact policies that protect minors from e-cigarettes and other addictive tobacco products.”
Raoul and the coalition filed the brief in Food and Drug Administration v. Wages and White Lion Investments LLC, d/b/a Triton Distribution, et al., in which the Supreme Court will consider a challenge to the FDA’s denial of certain companies’ applications to market and sell flavored vape products across state lines. In January 2024, the U.S. Court of Appeals for the 5th Circuit ruled in favor of the applicants’ challenge, and the amicus brief urges the Supreme Court to reverse that decision.
In their amicus brief, Raoul and the coalition argue flavored vape products are highly addictive e-cigarettes that contain nicotine and are flavored with non-tobacco flavors that appeal to youth. Their use is linked to harmful health consequences, including an increased risk for lung cancer, DNA damage and cardiovascular disease, and are used by young people more than any other tobacco or nicotine product, including non-flavored e-cigarettes.
Despite ongoing state efforts to restrict and regulate the sale of flavored vape products, current rates of youth nicotine addiction remain concerningly high, demonstrating the importance of the FDA’s continued broad authority to deny the introduction of flavored vapes into an already-saturated market. In a 2023 study, 89.4% of students who reported using e-cigarettes said they used flavored vape products. Another study found that youth who initially tried a flavored vape product were more likely to become regular tobacco users compared to those who initially tried a non-flavored product.
While many states have taken action to regulate the sale of flavored vape products, Raoul and the attorneys general argue that the flow of the harmful products across state lines poses a continual risk to youth across all states, necessitating continued FDA oversight to effectively combat the epidemic. Under the Family Smoking Prevention and Tobacco Control Act, the FDA has the authority to enact regulations to curb nicotine and tobacco use, including broad authority to approve or deny new tobacco products from entering the market. Currently, despite state restrictions, flavored vape products can easily move across state lines, especially through online retailers.
The amicus brief is part of Attorney General Raoul’s ongoing work to combat the dramatic increase in youth e-cigarette use and hold e-cigarette manufacturers accountable for epidemic usage levels among youth and teens. Last year, Raoul announced a $462 million multistate settlement with Juul Labs Inc. (Juul), one of the nation’s largest manufacturers of e-cigarettes. In 2022, Raoul co-led a bipartisan coalition calling on the FDA to reject marketing authorization for all non-tobacco nicotine products. In 2021, the Illinois Legislature passed Raoul’s legislation that prohibits companies from marketing e-cigarettes to minors and the sale of unauthorized e-cigarettes. In 2020, Raoul entered into a consent decree with Juice Man LLC that effectively prohibits Juice Man from operating in the state of Illinois. Additionally, Raoul has urged the FDA to ban flavored tobacco products and to strengthen e-cigarette guidance by prioritizing enforcement actions against flavored e-cigarettes.
For more information and free resources to help quit tobacco, please visit the Illinois Tobacco Quitline website or call 1-866-QUIT-YES.
Joining Raoul in filing the amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.
