Maryland AG Joins Multistate Effort to Block Flavored E-Cigarette Sales

Maryland Attorney General Anthony G. Brown has joined a coalition of 19 attorneys general in urging the U.S. Food and Drug Administration (FDA) to reverse recently issued draft guidance that could ease the approval process for flavored e-cigarette products. The coalition argues that these flavored products disproportionately contribute to youth addiction, a concern they believe the FDA’s proposed changes would exacerbate.

The federal framework mandates FDA authorization for all e-cigarette products before they can be legally marketed or sold in the United States. To date, the FDA has authorized a limited number of e-cigarette products, and until recently, had not approved flavors beyond tobacco and menthol. However, the FDA’s stance appears to be shifting, with the agency having approved two fruit-flavored products shortly before the public comment deadline for new guidance. This development comes despite a market that already contains hundreds of thousands of e-cigarette varieties in numerous flavors, which many argue are being sold in violation of existing laws. Further complicating the regulatory landscape, the FDA recently announced it would not prioritize enforcement against certain vapes and nicotine pouches that lack the necessary FDA authorization.

The attorneys general specifically contest draft guidance released by the FDA on March 11, which they assert disregards substantial evidence by proposing an easier path for certain flavored products. The guidance suggests that flavors such as coffee, tea, spices, menthol, and mint may pose a “lower risk” for youth addiction. However, the coalition emphasizes that extensive research indicates flavored products of all kinds are more appealing to young people than unflavored tobacco alternatives. In their formal letter to the FDA, the attorneys general implore the agency to reconsider its draft guidance and maintain rigorous scrutiny of all flavors to safeguard public health.

This advocacy effort by state attorneys general is part of a long-standing commitment to combat youth addiction. Historically, in 1998, attorneys general from across the nation, including Maryland, secured a landmark settlement with major tobacco companies. This agreement imposed significant restrictions on tobacco advertising and marketing, including bans on billboards, cartoons, branded merchandise, and sports sponsorships. The companies were also required to cease practices that obscured the health risks of tobacco and to fund the Truth Initiative, an organization dedicated to preventing youth tobacco use. This settlement continues to provide payments to states and territories. More recently, in 2022, Maryland was part of a multistate agreement resolving an investigation into JUUL Labs’ marketing and sales practices. This settlement involved financial terms and imposed strict limitations on the company’s marketing and sales activities.

The coalition urging the FDA to reverse its guidance includes the attorneys general of California, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Massachusetts, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wisconsin, alongside Maryland’s Attorney General Brown.

This collective action underscores a continued concern among state leaders regarding the impact of flavored e-cigarette products on youth nicotine addiction and highlights their role in pushing for stricter regulatory oversight from federal agencies.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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