Week of July 14 Regulatory Intelligence Recap

Trade Press and Regulatory Summary:

• FDA Authorizes Marketing of Tobacco- and Menthol-Flavored JUUL E-Cigarette Products - FDA

Following an extensive scientific review, the FDA determined that evidence provided by the company – including new information the company submitted in response to a deficiency letter from the FDA – demonstrates that these specific products meet the legal standard set by the 2009 Family Smoking Prevention and Tobacco Control Act to market new tobacco products in the United States. This standard requires FDA to consider the risks and benefits to the U.S. population as a whole – including the benefits to adults who currently smoke cigarettes and completely switch to a potentially less harmful product or significantly reduce their cigarette use – that is sufficient to outweigh the risks of the product, including to any youth and adults who are not current users of tobacco products. (Analysis Below)

• Tariffs, Tobacco, and a Shifting Global Supply Chain - Tobacco Asia

When James Xu surveys the global landscape of vaping and heated tobacco product manufacturing, he sees uncertainty more than opportunity.

“It’s a mixed bag,” says Xu, the founder of the once largest vape retailer in the United States, Avail Vapor. Xu is now developing his own vaping brand, Fav, that has no affiliation with Avail. “Some shops overseas are opening; others are shutting down,” he says. “Nobody knows what to do next.”

Despite the recent tariff relief, Xu sees no immediate end to the tension. “Even Trump and the secretary of commerce know it’s not sustainable,” he says. “But now it’s about saving face. Trump can’t walk it back without looking weak.”

A broken system

Xu is blunt in his assessment of the trade war’s impact. “It’s not sustainable—for either side,” he says. “It’s just stabbing each other.” He describes visiting US stores like Tractor Supply and seeing shelves partially empty. “Before you know it, we’ll have no medicine here, because all the raw ingredients come from China,” he says. “This whole thing is just crazy.”

Xu’s frustration is not limited to US policy. Chinese regulation has become increasingly burdensome for vape companies following the 2022 rollout of the Electronic Cigarette Management Measures (ECMM), which effectively banned domestic sales of flavored e-cigarettes. Under ECMM, e-cigarettes with flavors other than tobacco are banned for sale within China.

The new regulations have also imposed strict technical standards on ingredients, additives, nicotine levels, and safety testing protocols. While these measures were intended to address public health concerns and curb the burgeoning vaping market domestically, they have inadvertently accelerated the movement of manufacturers toward international markets.

But even if the Trump administration were to reverse the policies, rebuilding isn’t easy. “Let’s say I build a factory in the US. It takes years. And what if the next president reverses everything again? I’m stuck with an expensive facility I don’t need,” Xu says. “That’s the reality in the US. Things swing back and forth too fast.”

• One-Million Dollar Ad Campaign Launched by VTA Urging Immediate Action to Protect Adult Access to Flavored Vapes from Government Overreach - VTA

Today, the Vapor Technology Association (VTA) launched a massive seven-figure cable, broadcast, and digital advertising campaign urging President Donald Trump and his administration to draw a firm distinction between illicit youth-targeting vapor products and the safer, adult-focused alternatives that help millions of Americans quit smoking cigarettes. 

VTA’s national ad buy will air across major networks including Fox News, Newsmax, Bloomberg, NBC, ESPN, and high-profile Sunday news programs on select broadcast networks to reach a wide and influential stakeholder audience. The ads are strategically designed to target key decision-makers in Washington, D.C. and at President Trump’s Golf Club in Bedminster, N.J. With this campaign, VTA is sending a clear and direct message: the U.S. Food and Drug Administration and Customs and Border Protection (CBP) are acting against President Trump’s wishes to save the flavored vaping industry. 

The campaign highlights the need to crack down on illicit Chinese vapor products that target youth with video games, apps, and cartoon imagery all while protecting the responsible, adult-oriented vapor products sold by American small businesses – a policy position for which VTA has long advocated.