Press Release: 2024-09-04
AG Campbell Leads Multistate Effort To Combat Youth Vaping Epidemic
Coalition of 20 Attorneys General File SCOTUS Brief in Support of FDA’s Denial of Flavored Vape Products, Highlighting the Importance of Federal Action to Support States’ Efforts to Address Youth Vaping
FOR IMMEDIATE RELEASE:
9/03/2024
BOSTON — Amidst an ongoing nationwide youth vaping epidemic, Attorney General Andrea Joy Campbell has led a multistate coalition of 20 attorneys general in filing an amicus brief in the Supreme Court of the United States in support of the decision by the U.S. Food and Drug Administration (FDA) to deny companies the ability to market and sell certain flavored vape products across state lines.
The FDA disapproved the products due to lack of evidence that the benefits of the products outweighed the risks. In the brief, the attorneys general highlight the significant public health harms of flavored vape products, especially for young people, and underscore the need for continued FDA oversight to support state efforts to combat the youth vaping epidemic.
“Flavored vape products are scientifically proven to be detrimental to the health and wellbeing of young people, and their use perpetuates a nationwide vaping epidemic that transcends state borders,” said AG Campbell. “In lockstep with state efforts, federal restrictions on flavored vape products are critical to effectively combat this crisis and protect our youth. I am proud to lead this multistate effort to uphold the FDA’s disapproval of these dangerous products.”
The amicus brief was filed in the case of Food and Drug Administration v. Wages and White Lion Investments, LLC., dba Triton Distribution, et al., in which the Supreme Court will consider a challenge to the FDA’s denial of certain companies’ applications to market and sell flavored vape products across state lines. In January 2024, the Fifth Circuit Court of Appeals ruled in favor of the applicants’ challenge, and today’s amicus brief urges the Supreme Court to reverse that decision.
Flavored vape products are highly addictive electronic cigarettes (e-cigarettes) that contain nicotine and are flavored with non-tobacco flavors that appeal to youth. Their use is linked to harmful health consequences, including an increased risk for lung cancer, DNA damage, and cardiovascular disease, and are used by young people more than any other tobacco or nicotine product, including non-flavored e-cigarettes.
Despite ongoing state efforts to restrict and regulate the sale of flavored vape products, current rates of youth nicotine addiction remain concerningly high, demonstrating the importance of the FDA’s continued broad authority to deny the introduction of flavored vapes into an already-saturated market.
In a referenced 2023 study, 89.4% of students who reported using e-cigarettes said they used flavored vape products. Another study found that youth who initially tried a flavored vape product were more likely to become regular tobacco users compared to those who initially tried a non-flavored product.
While many states have taken action to regulate the sale of flavored vape products, the attorneys general argue that the flow of the harmful products across state lines poses a continual risk to youth across all states, necessitating continued FDA oversight to effectively combat the epidemic. Under the Family Smoking Prevention and Tobacco Control Act, the FDA has the authority to enact regulations to curb nicotine and tobacco use, including broad authority to approve or deny new tobacco products from entering the market. Currently, despite state restrictions, flavored vape products are able to easily move across state lines, especially through online retailers.
In 2019, Massachusetts enacted regulations on the sale of flavored vaping and tobacco products, banning any retail sales of flavored nicotine products. Despite the state regulations, the availability of flavored nicotine products, including through out-of-state sources, has continued to be a resource strain on the state. As referenced in the brief, in 2023 alone, Massachusetts smoking-related health care costs and losses in productivity were estimated at $4.74 billion and $7 billion, respectively.
The amicus brief was handled by State Solicitor David Kravitz and Assistant Attorneys General Alda Chan and Matthew Lashof-Sullivan, both of AG Campbell’s Consumer Protection Division.
This matter is AG Campbell’s latest effort to protect and strengthen the health, safety, and well-being of youth. In April 2023, AG Campbell announced a $462 million settlement with JUUL Labs, Inc., for the company’s role in contributing to the youth vaping epidemic, securing $41 million for Massachusetts, and placing restrictions on the company’s practices in order to protect young people. Massachusetts was the first state to announce an investigation into JUUL Labs, Inc.’s harmful practices. Earlier this year, AG Campbell also secured a preliminary injunction against an online vaping company, barring the company from marketing, selling, and distributing flavored tobacco products in Massachusetts in violation of the state’s flavored tobacco ban.
Joining AG Campbell in filing the amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.