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US agency sparks controversy with sudden U-turn on e-cigarette products: 'A stunning failure to protect public health'

"Youth should never use."

"Youth should never use."

Photo Credit: iStock

The U.S. Food and Drug Administration has reversed course on its 2022 ban on Juul Labs' e-cigarettes, formally clearing the way for Juul to market and sell its products domestically.

In response, the American Lung Association's Ranjana Caple, senior manager of federal advocacy, told The Hill that the move represented "a stunning failure to protect public health."

What's happening?

Three years ago, the FDA revoked Juul's marketing and sales rights after determining the company failed to provide "sufficient evidence" that the "toxicological profile" of its products met public health standards.

Also under scrutiny was the fact that Juul sold fruit-flavored products, which critics said appealed to children and contributed to a youth vaping epidemic.

Despite those concerns, the FDA announced on July 17 that it was once more approving the marketing and sale of Juul e-cigarettes after a successful 2024 appeal rescinded the ban and put the company's claims under further scientific review.

Why is this important?

The FDA determined that the benefits to adults who switched to Juul products from cigarettes outweighed the other dangers, writing that Juul submitted "robust data" showing high rates of adults forgoing cigarettes in favor of menthol or tobacco-flavored Juul products.

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However, that doesn't mean Juul e-cigarettes are without risk.

The Centers for Disease Control and Prevention reports that vaping — while healthier than traditional cigarettes — still exposes users to cancer-linked substances and can cause nicotine poisoning in children who swallow, breathe, or absorb the vaping liquid. The FDA also acknowledges the pitfalls of e-cigarettes in its official media release.

"While today's actions permit these specific e-cigarette products to be legally marketed in the U.S. to adults 21 and older, it does not mean these tobacco products are safe, nor are they 'FDA approved,'" the agency wrote. "There is no safe tobacco product. Those who do not currently use tobacco products should not start. Youth should never use tobacco products." 

What's being done about this? 

For its part, Juul acknowledges the negative health effects of smoking e-cigarettes, saying that people who don't already use tobacco and nicotine shouldn't start doing so.

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The company has also previously denied allegations that it markets its products to children and teens, per The Hill. In 2019, before the U.S. ban, it pulled its fruit flavors from shelves and said it would work with regulators, policymakers, and stakeholders to rebuild trust and combat underage use.

Nonetheless, Campaign for Tobacco-Free Kids president and CEO Yolonda Richardson told The Hill that the FDA's decision was "a big step in the wrong direction," as it reauthorized a product "responsible for this public health crisis in the first place."

Beyond the more direct health risks from vaping, e-cigarette waste can leach hazardous substances into the environment — and the pollution problem is compounding over time, as vaping devices contain dirty fuel-derived materials like plastic that don't easily decompose.

If you do use e-cigarettes, opting for a refillable cartridge is a more planet-friendly choice. Properly disposing of or recycling e-cigarettes can also help protect the public from toxic contamination and minimize troublesome waste.

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