Federal health officials have authorised sales of the best-selling vape in the U.S. - but only in tobacco flavour.
The decision applies to several tobacco-flavoured versions of the popular Vuse reusable vape, which takes nicotine cartridges.
The Food and Drug Administration (FDA) had previously rejected manufacturer Reynolds American’s application for its more popular menthol flavour, which the company is now challenging in court.
Last month, the FDA granted competitor Njoy the first-ever authorisation for a menthol-flavoured vape. The vaping brand, which is not a big seller, is controlled by tobacco giant Altria, which also sells Marlboro cigarettes.
The FDA’s latest approval says that smokers who switch completely to Vuse can reduce their exposure to deadly carcinogens and other chemicals found in traditional tobacco.
‘Tobacco flavours don’t hold same appeal to youth’
The agency noted that tobacco-flavoured vapes do not hold the same appeal among young people that fruit and candy-flavoured vapes do.
"While FDA remains concerned about the risk of youth use of all e-cigarettes, youth are less likely to use tobacco‐flavoured e-cigarette products compared to other flavours," it said.
"According to the 2023 National Youth Tobacco Survey, Vuse was among the most commonly reported brands used by middle and high school students currently using e-cigarette. However, only 6.4 per cent of students who currently used e-cigarettes reported using tobacco‐flavoured products."
It added: “All tobacco products are harmful and potentially addictive. Those who do not use tobacco products, especially young people, should not start.”
Tough marketing restrictions
To further discourage vaping among teens and adolescents, the FDA added that it has placed tough marketing restrictions on the Vuse products, to guard against youth access and exposure.
Like other tobacco companies, Reynolds makes the majority of its income from traditional cigarettes, including Camels and Newports.
Vuse made up 40 per cent of U.S. vaping sales in the past year, according to retail data from Nielsen. Most company sales are for menthol products, which remain available under a court order while Reynolds challenges the FDA's negative ruling.
Juul Labs is a distant second in the vape market, accounting for less than a quarter of retail sales. The company was forced to drastically cut back its marketing and promotions following legal settlements with states, local governments and families that blamed the brand’s small, discreet vapes for getting children hooked on nicotine.
The FDA faced a self-imposed court deadline last month to wrap up its years-long review of major vaping brands.
The agency has rejected more than 26 million applications for products received from vaping companies hoping to stay on the market. Only a handful of products from major manufacturers have been authorised to help smokers.
Currently, Juul's products remain under federal review, although the FDA recently backtracked on a 2022 order that would have forced the products off the market.
To win FDA authorisation, companies generally must show that their vapes provide an overall health benefit for smokers, without significantly appealing to kids.
