New Survey Data Cast Further Doubt on the FDA’s Opposition to Flavored E-Cigarettes

“as survey data from the government-sponsored Monitoring the Future (MTF) study confirm, the surge in electronic cigarette use by teenagers that alarmed the FDA in 2018 and 2019 is already receding, even though adults can still buy flavored ENDS that remain on the market because the FDA has not yet decided whether to allow them or has not taken enforcement action against them. Those data also indicate that adolescent smoking continued to decline as vaping became more popular. The picture is similar for young adults: As vaping continued to rise among 19-to-30-year-olds in 2021, cigarette smoking hit a record low.

These trends suggest that we are seeing precisely the sort of harm-reducing substitution that the FDA claims to want. The data certainly are not consistent with the idea that the availability of ENDS has resulted in more smoking. Yet Judge Rosenbaum, who seems to think the FDA’s opposition to flavored ENDS is well-grounded, avers that “vaping has been shown to be a gateway to smoking combustible cigarettes.” She cites no evidence to support that claim, which seems highly implausible in light of the continuing decline in smoking among teenagers and adults.”

Mandating Low-Nicotine Cigarettes Could Make Smoking More Dangerous

“the administration revealed plans to require cigarette makers to severely cut the amount of nicotine in their products. A proposed rule change “would establish a maximum nicotine level in cigarettes and certain finished tobacco products.” The idea, it says, is to make cigarettes less addictive.

Nicotine is the substance in cigarettes that makes them physically addictive. But nicotine itself isn’t what makes cigarettes so dangerous. (Some scientists “wonder if a daily dose could be as benign as the caffeine many of us get from a morning coffee,” notes Scientific American.) It’s the other ingredients in cigarettes, and the byproducts of combustion, that make smoking cigarettes so bad for you.

This is one reason why the war on vaping is so stupid, and also speaks to the half-baked premises of the Biden administration’s latest anti-smoking plan.

In a world with lower-nicotine cigarettes, people already addicted to nicotine will still be addicted—they’ll just have to smoke more cigarettes to get their nicotine fix. That means that mandating all U.S. cigarettes be low-nicotine cigarettes could actually make smoking riskier by requiring smokers to smoke more and consume more of the other substances in cigarettes in order to get the same level of nicotine they’re used to.”

“If the U.S. goes all low-nicotine smokes, other countries will still be producing full-nicotine cigarettes. And this opens up a great opportunity for smuggling and black market sales of higher nicotine cigarettes.

A bigger black market in cigarettes means three things, none of them good. First, it creates more room for organized crime to operate. Second, it creates more room for counterfeit cigarettes that could be even more dangerous for consumers. And third, it invites more policing of cigarette sales, which means more police time wasted on victimless crimes, more monitoring and harassment of business owners, and more potentially dangerous interactions between individuals and police.”

“lowering nicotine could also backfire by convincing some smokers that their habit is harmless.”

The FDA’s Menthol Cigarette Ban Is a ‘Racial Justice’ Issue, but Not in the Way Its Supporters Mean

“Supporters of the ban on menthol cigarettes that the Food and Drug Administration (FDA) proposed today say it is “a racial justice issue.” They are right about that, but not in the way they mean.

What they mean is that 85 percent of black smokers prefer menthol cigarettes, compared to 30 percent of white smokers. “The number one killer of black folks is tobacco-related diseases,” Phillip Gardiner, a tobacco researcher and activist, told Slate’s Julia Craven after the FDA announced plans for the ban last year. “The main vector of that is menthol cigarettes and flavored cigars.”

The FDA’s proposed rule would ban both, which the agency says will “address health disparities experienced by communities of color.” Action on Smoking and Health welcomed the FDA’s ban, calling it “a major step forward in Saving Black Lives” and averring that “menthol advertising violates the right to health of Black Americans.”

Although menthol and nonmenthol cigarettes pose similar hazards, the FDA says menthol makes smoking more appealing and harder to quit. As Guy Bentley, director of consumer freedom at Reason Foundation (which publishes this website), noted this week, the evidence on the latter point is mixed. But even if it were clear that menthol smokers are less likely to quit, that would not necessarily mean menthol cigarettes are inherently more “addictive.” That debate tends to obscure the tastes, preferences, personal characteristics, and circumstances that are crucial to understanding why some people never smoke, some start but eventually quit, and others continue smoking.

As the menthol ban’s proponents see it, even the choice to start smoking is not really a choice, because consumers—in this case, black consumers in particular—are no match for Big Tobacco’s persuasive wiles. Gardiner cites the industry’s history of “predatory marketing,” while the anti-smoking Truth Initiative condemns “relentless profiling of Black Americans and vulnerable populations” by brands like Kool, Salem, and Newport.

That’s one way of looking at it. Here is another: The federal government is targeting the kind of cigarettes that black smokers overwhelmingly prefer, precisely because black smokers overwhelmingly prefer them. The FDA also worries that menthol cigarettes appeal to teenagers, another “vulnerable population.” Public health officials are thus treating African Americans like children in the sense that they don’t trust either to make their own decisions.

“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” says Secretary of Health and Human Services Xavier Becerra. “Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.” The FDA notes “particularly high rates of use by youth, young adults, and African American and other racial and ethnic groups.”

The federal government is implicitly denying the moral agency of black people, suggesting that they, like adolescents, are helpless to resist the allure of “predatory marketing” or the appeal of menthol’s minty coolness. In the FDA’s view, persuasion is not enough to break Big Tobacco’s spell; force is required.”

This Anti-Vaping Congressman Insists ‘There’s Simply No Evidence’ That E-Cigarettes Help Smokers Quit

“A 2020 meta-analysis of 26 randomized controlled trials concluded “there is moderate-certainty evidence that [e-cigarettes] with nicotine increase quit rates compared to [e-cigarettes] without nicotine and compared to nicotine replacement therapy.” The results of population studies, Balfour et al. say, “are consistent with a near doubling of quit attempt success, found in the randomized controlled trials, and the fact that e-cigarettes are smokers’ most used aid in quit attempts.” They also note that declines in U.S. cigarette sales accelerated sharply as sales of vaping products took off, which reinforces the impression that more vaping means less smoking.”

Teen Cigarette Smoking Went Up Following Flavored Tobacco Ban

“In newly published research, she looked at youth smoking rates in San Francisco, which banned flavored tobacco products—including flavored cigarettes and flavored vaping liquids—in June 2018. Previous research suggested the ban actually increased cigarette smoking in 18- to 24-year-olds while decreasing overall tobacco product use in 18- to 34-year-olds. Friedman wanted to measure the ban’s effect on high school students under 18.

Using data from the 2011-2019 Youth Risk Behavior Surveillance System (YRBSS), Friedman was able to look at under-18 cigarette smoking rates in Los Angeles, New York City, Philadelphia, San Diego, San Francisco, and Florida’s Broward, Palm Beach, and Orange counties. This allowed her to compare youth smoking in San Francisco with districts that did not ban flavored cigarettes and vaping products.

“Comparing recent smoking rates by wave revealed similar trends in San Francisco vs other districts prior to 2018 but subsequent divergence,” writes Friedman of her findings. “San Francisco’s flavor ban was associated with more than doubled odds of recent smoking among underage high school students relative to concurrent changes in other districts.”

“While the policy applied to all tobacco products, its outcome was likely greater for youths who vaped than those who smoked due to higher rates of flavored tobacco use among those who vaped,” she adds. “This raises concerns that reducing access to flavored electronic nicotine delivery systems may motivate youths who would otherwise vape to substitute smoking. Indeed, analyses of how minimum legal sales ages for electronic nicotine delivery systems are associated with youth smoking also suggest such substitution.””