Trump's FDA Reversed Policy on Flavored Vapes One Week After Tobacco Company Donated $5 Million to PAC He Supports

Trump’s administration removed FDA Commissioner Dr. Marty Makary shortly after he left amid reports of impending dismissal. Makary had resisted faster approvals for flavored vapes and nicotine products, including flavors sought by a Los Angeles vape manufacturer. Federal law bans tobacco sales to minors, and a 2019 law raised the minimum age to 21. The FDA banned most flavored vapes in 2020, allowing only tobacco- or menthol-flavored cartridges, while illegal candy and fruit flavored products expanded in the $6 billion U.S. e-cigarette market. On May 8, the FDA issued a policy targeting illicit e-cigarettes while allowing expanded tobacco products if they avoid underage-appealing elements. Makary resigned on May 12.

"President Donald Trump ousted a top official in his administration and pushed through a policy change mere days after a corporate donor contributed $5 million to a Super PAC he supports, according to a report by The New York Times. Earlier this month, Trump's Food and Drug Administration Commissioner Dr. Marty Makary left his job, reportedly quitting amid swirling rumors that the president was going to fire him. Trump was annoyed at Makary for not moving quickly enough to approve flavored vapes and nicotine products, reported The Wall Street Journal."

"Federal law has long banned the sale of any tobacco products to minors, and in 2019, Trump signed into law a bill that raised the federal minimum age to buy tobacco to 21. The FDA has banned most flavored vapes since 2020 over concerns those products would appeal to children, allowing only tobacco- or menthol-flavored cartridges. This has, however, allowed illegal products almost all from China with candy and fruit flavors to dominate the $6 billion e-cigarette market in the U.S."

"During his 2024 campaign, Trump vowed he would save vaping an issue that appealed to younger MAGA voters. Despite Trump's badgering, Makary reportedly refused to budge, and would not grant approvals for menthol, mango, and blueberry flavors that were sought by Glas, a vape manufacturer in Los Angeles. On May 8, the FDA issued a new policy that both cracked down on illicit e-cigarettes and also gave a green light for an expansion of tobacco products, including possibly flavored e-cigarettes, as long as they were not targeting underage users by incorporating certain presumptively underage-appealing elements."

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