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FDA staff blindsided by move allowing more e-cigarettes and nicotine pouches onto US market

The policy lets some nicotine products launch before full review and shifts enforcement away from products already sold widely in stores.

  • Earlier this month, the Food and Drug Administration released new guidance allowing companies to launch certain nicotine-based products before full regulatory vetting, blindsiding senior officials in the agency's tobacco center.
  • The policy followed months of complaints about former FDA Commissioner Marty Makary from industry lobbyists. President Donald Trump came to power last year after vowing to "save" the vaping industry.
  • Under the guidance, the FDA will publish a list of products subject to "enforcement discretion," allowing sales without regulatory removal. The memo bypassed federally required public comment periods.
  • Juul and other major companies see an opportunity to compete with disposable Chinese vapes, which by some estimates account for 80% of U.S. sales. Currently, unauthorized vapes containing various flavors are already widely available.
  • Former FDA tobacco director Mitch Zeller questioned whether "true subject matter experts may have actually opposed this policy and were ordered to do it anyway." Brian King of the Campaign for Tobacco-Free Kids noted a broader opening to flavored products.
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FDA staff blindsided by move allowing more e-cigarettes and nicotine pouches onto US market

The Associated Press has learned that officials at the Food and Drug Administration were blindsided by a recent policy change allowing more electronic cigarettes and nicotine pouches to hit the U.S. market.

·United States
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The Hamilton Spectator broke the news in Hamilton, Canada on Friday, May 22, 2026.
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