The FDA spent years building a wall against flavored e-cigarettes. Under the Biden administration, it rejected more than 26 million applications for flavored vape products, keeping them off shelves to protect children. Last year, the Supreme Court unanimously upheld the agency’s authority to deny products that might appeal to kids.
Then, over a single weekend, the wall developed a door.
On May 6, the FDA authorized four vape products from Los Angeles-based Glas Inc., including two fruit-flavored pods — mango and blueberry, branded “Gold” and “Sapphire.” It is the first time the agency has approved non-tobacco, non-menthol flavors.
FDA Commissioner Dr. Marty Makary had initially opposed the authorization despite career scientific staff signing off, according to the Wall Street Journal. Then President Trump admonished Makary and urged him to greenlight the products, the Journal reported, citing people familiar with the matter. Makary did not address whether he discussed the matter with the president when asked by STAT News.
“The feeling of the scientists at the agency was that age-gating technology is solid and that would limit the vaping to adults,” Makary told STAT, adding that he had been “skeptical initially, but that’s their view.”
The FDA’s press release credits the authorization to decisions made “under President Trump’s leadership” — phrasing that drew attention for its unusual political framing.
The scientific case isn’t trivial. Glas devices require government ID verification, smartphone pairing via Bluetooth, and random biometric check-ins to prevent youth use. Researchers at Penn State and Tufts noted the technology could represent genuine progress in balancing adult smoking cessation with child protection. Some 70% of e-cigarettes currently sold in the US are illegal and unregulated.
But the process is what concerns experts. Mitch Zeller, who led the FDA’s Center for Tobacco Products during Trump’s first term, said that while he encountered political interference on broad policy, “I never felt any pressure when it came to reviewing applications” for specific products.
“Science-based application review should be held sacrosanct,” Zeller told STAT News.
The American Lung Association called the decision “reckless.” Action on Smoking and Health said it fails Americans’ right to health. The Trump administration said its only guide is “Gold Standard Science.”
The public health community now watches to see whether that gold standard bends when the phone rings.
Sources
- FDA Expands Market Access, Authorizes New ENDS Products — US Food and Drug Administration
- FDA approval of fruit-flavored vapes raises political concerns — STAT News
- Trump reportedly pressed FDA chief to authorize mango and blueberry vapes after years of rejection — Fortune
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