Concord, NH – Attorney General John M. Formella and a bipartisan coalition of 33 attorneys general today called on the U.S. Food and Drug Administration (FDA) and its Center for Tobacco Products to do more to protect kids from e-cigarettes. The Attorney General’s suggestions include limiting the flavors that draw kids in, reducing nicotine levels to prevent addiction, and protecting young people from marketing.

“The warnings from health leaders could not be clearer - vaping and e-cigarettes represent a real threat to our nation’s public health,” said Attorney General Formella. “In recent years we have seen sales surge with flavored products targeting young people. It is critical that we take whatever steps we can to protect our children and teens from vaping and e-cigarette-related disease and death.”

More than 9,000 types of e-cigarette devices are sold in the United States, and nearly 6,000 of those are disposable devices. Last year, 14 percent of high school students reported that they were currently using e-cigarettes. Teen nicotine consumption is linked to nicotine poisoning, mental health and behavioral problems, academic issues, and future addiction to other substances.

In a letter submitted to the FDA responding to a request for comments on the Center’s proposed five-year strategic plan, the coalition of attorneys general urge the FDA to set up guardrails to prevent young people from getting addicted to nicotine through e-cigarettes. 

The attorneys general recommend that the FDA: 

1. Prohibit all non-tobacco flavors in e-cigarettes. These flavors – mimicking fruits, candies, and desserts – are a major reason young people try e-cigarettes in the first place.

2. Enact evidence-based limits on nicotine in e-cigarettes. More than 80 percent of e-cigarettes sold have more than five percent of nicotine concentration. And because some devices last for hundreds or thousands of puffs, young people end up consuming much more nicotine. 

3. Restrict marketing that attracts youth by making sure marketing materials don’t target them and preventing young people from being bombarded with ads about e-cigarettes. E-cigarette manufacturers have used social media and influencer marketing to entice teenagers. 

4. Close the “disposable loophole”. Disposable e-cigarettes have not been subject to the same existing FDA enforcement guidance as cartridge e-cigarettes, and they’ve surged in popularity. More than half of youth e-cigarette users last year reported that they use disposable e-cigarettes instead of cartridge-based e-cigarettes.

The attorneys general are also asking the FDA to promptly enforce the law against companies and sellers across the e-cigarette supply chain who are flouting federal regulations.

For the full letter, click here.