Once upon a time, not that long ago, e-cigs were marketed as a safer alternative to smoking. But research since then has raised concerns about the health risks of vaping, and that research is still a work in progress. Federal agencies have been cracking down on companies that make vapes, and how they’re marketed, to combat what’s seen as a vaping epidemic. But now, the federal government is offering a little wiggle room.
Emerging Health Concerns
The constant emergence of new, more potent vape products further complicates efforts to study and regulate them. While vapes contain fewer of the dangerous chemicals found in cigarettes, mounting evidence shows they carry significant health risks of their own.
A new study published just last month found that popular nicotine vapes emit high levels of heavy metals, such as nickel, antimony, and lead—substances linked to cancer and other health problems. Other emerging research also indicates that vaping stresses the cardiovascular system, causing increased heart rate and blood pressure. Experts warn that this may heighten the risk of heart disease, stroke, and irregular heart rhythms. The chemicals released when vape liquids are heated can damage blood vessels and drive inflammation. Inhaling these substances can lead to chronic lung inflammation, worsen asthma, and cause persistent cough or shortness of breath. There are also oral health risks, as nicotine restricts blood flow to the gums, increasing vulnerability to disease and infection.
And there’s evidence that vaping is actually more addictive than smoking traditional cigarettes. Not only is vaping is highly addictive for anyone, but it’s shown to be particularly enticing for teenagers, whose developing brains are more susceptible to nicotine dependence.
Regulatory Efforts Regarding Juul
Federal and state governments have been cracking down on the teen e-cig epidemic. Since the pandemic, there have been public health campaigns, flavor bans in states like California and Massachusetts, and crackdowns on illicit vape sales, including enforcement against popular brands like Elf Bar, Geek Bar, and ZYN. Of course, none of these brands were as popular as Juul.
Juul Labs was long the leading U.S. e-cigarette company. Up until the pandemic, studies showed Juul was the preferred brand among teen vapers, with most choosing flavored varieties. But the company was the target of criminal investigations, both at the state level (California) and at the federal (by the FDA and the Federal Trade Commission). In addition, there was mounting criticism from parents and schools.
In response, Juul stopped selling its enticing flavored pods (in various dessert and fruit flavors). Then, in 2019, the company announced it would stop selling mint-flavored pods, which are especially popular among teenagers. The move was made in anticipation of an expected federal ban on most flavored e-cigarettes, except menthol and tobacco flavors.
Menthol and tobacco flavors have generally been treated differently, with tobacco-flavored ENDS posing the lowest risk to youth. Did those flavors get special treatment? Well, the FDA was certainly considering the possibility.
FDA Reassesses Amid a Decline in Vaping
Fast-forward five years, and you could say all the fuss around the flavored pods paid off. According to the 2024 National Youth Tobacco Survey, use of e-cigs by teenagers in the U.S. has dropped to its lowest level in a decade. Fewer than 8% of high school students reported vaping in the past month, down from a peak of over 27% in 2019. Middle school vaping rates remained steady at 3.5%. Experts say increased awareness of vaping risks and targeted messaging have contributed to the trend.
In the meantime, the marketing of the menthol—and tobacco-flavored JUULpods was subject to FDA review and authorization. While not banned, these flavors were the subject of premarket tobacco product applications (PMTAs) to the FDA. The FDA started a lengthy review to determine whether these products could be legally marketed in the U.S. under the “appropriate for the protection of the public health” standard.
FDA Greenlights Safer Flavors
The purpose of the review was to decide if certain JUUL products—specifically menthol and tobacco-flavored JUULpods in two nicotine strengths, along with the JUUL device—should be allowed to be sold in the United States.
The FDA examined scientific studies and other evidence provided by JUUL Labs to see if these products would benefit public health overall. This means the FDA wanted to know if letting these products be sold would help more adult smokers quit regular cigarettes or cut down on smoking, without causing more young people or non-smokers to start using nicotine. The review looked at things like how safe the products are, how likely people are to get addicted, whether the products are appealing to youth, and how they compare to other tobacco and vaping products.
After considering all the evidence, the FDA concluded that, with certain restrictions to limit youth access and marketing, the benefits to adult smokers outweighed the risks to youth, and recommended that these JUUL products be allowed on the market. The agency found that “these specific products meet the legal standard” by demonstrating benefits for adult smokers who completely switch from cigarettes, supported by “robust data—including a two-year longitudinal cohort study.”
What to Expect
The FDA emphasized these products are not “FDA approved” and are not safe, warning, “Youth should never use tobacco products.” The FDA claims it will enforce strict marketing restrictions and monitor compliance to limit youth exposure, but concerns persist. Even though minors have shown a drop in vaping, young adult vaping remains high, with 20-24% of those aged 19-26 reporting recent use. Flavored products remain particularly popular among young people, and this demographic is seeing a rising use of nicotine pouches and cannabis-derived products.
On that front, the FDA approved 20 different nicotine pouch products from the company ZYN after a similar review earlier this year. Though FDA continues to enforce regulations and seize unauthorized products, public health officials caution that new, potent vaping products still pose risks.
Related Resources:
- Legal Guide to Workplace Smoking: What Are Your Rights at Work? (FindLaw's Learn About the Law)
- Flavored E-Cigarette Manufacturers Left With Bitter Aftertaste After Supreme Court Ruling (FindLaw's Federal Courts)
- Top Laws and Regulations To Know if You Vape (FindLaw's Law and Daily Life)
