Teen temptations beware: MAHA-era FDA gives vapes, tanning beds a boost

"Mitch Zeller, who led the FDA's Center for Tobacco Products from 2013 to 2022, tells Axios the company that won authorization appear to have strong age verification and that the agency concluded there was evidence of a public health benefit, though he has yet to see the details. But possible political interference in the process concerned him - as did new guidance outlining when the FDA does and doesn't intend to enforce rules."

"In new guidance, the FDA said it won't prioritize enforcement against certain vapes and nicotine pouches that have applied for authorization but have yet to complete review, citing a lack of resources and saying it is "focusing on the most deceptive and dangerous products." "This is a get-out-of-jail-free card for companies that have broken the law and have not waited for FDA to complete their scientific review," Zeller says."

"Those products could line the shelves alongside authorized ones, confusing consumers. He continues: "I think it was a misguided, wrongheaded policy that both was illegal from a process standpoint and just substantively flawed.""

FDA authorized the first fruit-flavored vaping products for adults in May. The decision faced opposition from the American Academy of Pediatrics. FDA also signaled it would not prioritize enforcement against certain vapes and nicotine pouches that applied for authorization but had not completed review, citing limited resources and focusing on the most deceptive and dangerous products. Mitch Zeller said the authorized products appear to have strong age verification and that FDA concluded there was evidence of public health benefit, though he had not seen the details. He criticized the enforcement guidance as a way for companies to avoid consequences while products remain on shelves, potentially confusing consumers about safety.

Read at Axios