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Morning Briefing

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Thursday, Jan 2 2020

Full Issue

FDA To Ban Most Vaping Flavors, But Menthol And Tobacco Will Remain On Market In Partial Win For E-Cig Industry

President Donald Trump in the fall promised a total ban on all flavors except tobacco, but has since walked that back following pressure from the industry and some consumers. Public health experts say the government would be making a good start with the decision but that it doesn't go far enough. “Flavors attract kids, and menthol is a flavor,” said Erika Sward, a spokeswoman for the American Lung Association. “It really helps to numb the senses and makes the poison go down easier.”

The Trump administration is expected to announce this week that it will ban mint-, fruit- and dessert-flavored e-cigarette cartridges popular with teenagers, but allow menthol and tobacco flavors to remain on the market. Flavored liquid nicotine used in open tank systems can continue to be sold, according to two administration officials who have been briefed on the plan. It is an important concession to vape shops that have thrived alongside the booming e-cigarette business in recent years. (Kaplan and Haberman, 12/31)

Mr. Trump told reporters Tuesday that “we’re taking it off, the flavors, for a period of time, certain flavors.” “We’re going to protect our families. We’re going to protect our children. We’re going to protect the industry,” Mr. Trump said. Mr. Trump has signed legislation passed by the House and Senate banning tobacco and e-cigarettes to anyone under 21. (Maloney and Burton, 1/1)

In September, Trump and his top health officials said they would soon sweep virtually all flavored e-cigarettes from the market because of their appeal to young children and teens. But that effort stalled after vaping lobbyists pushed back and White House advisers told Trump the ban could cost him votes with adults who vape. Beginning in May, All e-cigarettes will need to undergo FDA review. Only those that can demonstrate a benefit for U.S. public health will be permitted to stay on the market. (12/31)

The official described the action as a compromise between those in the administration who have been pushing for a comprehensive flavor ban to stem the surge in youth vaping, and others — including Trump campaign officials — who have warned the White House about the potential political impact of job losses in vape shops caused by a sweeping crackdown. (McGinley and Dawsey, 12/31)

Angry public health groups on Wednesday predicted President Trump’s scaled-back plan to limit flavored e-cigarettes will fall far short of its goal of stopping a surge in youth vaping, arguing that the imminent policy is an election-year capitulation to industry interests. (McGinley and Dawsey, 1/1)

The decision is a win for some of Trump's conservative allies, who warned a more sweeping ban on flavored vaping products would alienate the president's base and weaken his reelection effort. However, the carveouts have angered public health groups. "It is a capitulation to both Juul and vape shops and gives a green light to the e-cigarette industry to continue to target and addict kids with flavored products," said Matthew Myers, president of the Campaign for Tobacco Free-Kids, in a statement Tuesday. (Owermohle and Diamond, 12/31)

In South Florida earlier on Tuesday, Trump’s motorcade passed about a dozen pro-vape advocates waving signs urging him to reject a ban on flavored products. However, pediatricians, other health advocates and some lawmakers in his own party had urged Trump to take action to curb a rise in the use of the tobacco products by teenagers. (Wingrove and Sink, 12/31)

Juul has dominated the e-cigarette market with its sleek, flash drive-shaped devices, and the popularity of its fruity flavors has led public health experts and federal health officials to blame the company for the teen vaping "epidemic." Anticipating a potential ban, Juul earlier this year pulled all of its fruit flavors from the market. It continues to sell tobacco and menthol. (Weixel, 12/31)

Studies published in the medical journal JAMA in November found that nearly 60% of high school students who vape use Juul, the market leader, and mint was the most popular flavor among US 10th and 12th graders. An estimated 2.4 million high school and middle school students use flavored e-cigarettes, one of the studies found. Fruit was the most commonly reported flavor category, at 66.1% for high school and 67.7% for middle school, followed by menthol or mint at 57.3% for high school and 31.1% for middle school. (Gumbrecht and Liptak, 1/1)

In other vaping news —

Leaders at the state’s public health department are asking the General Assembly to ban flavored tobacco and vaping products during the upcoming legislative session. Pressure to pass reform at the state level has ramped up since the Trump administration backed away from its pledge to outlaw flavored vaping products nationwide. In November, anti-tobacco advocates called on lawmakers in Connecticut to take action in the wake of Trump’s reversal. (Carlesso, 1/2)

Every new year brings a wave of smokers pledging to quit. Many people who work at Juul Labs Inc. have already ditched cigarettes. Trouble is, they won’t stop vaping in the office. Vaping at work has been part of Juul’s culture since the startup’s early days. Last year, the leader of the e-cigarette market prohibited its staff from vaping in most of its U.S. offices, saying it had to do so to comply with local and state laws as well as some of its lease agreements. (Maloney, 12/30)

The number of deaths and injuries linked to a vaping disease have declined from their peak and appear to be leveling off, according to new data released Tuesday by federal health authorities. According to the Centers for Disease Control and Prevention (CDC), 2,561 hospitalized cases have been reported in all 50 states, as well as the District of Columbia, Puerto Rico and U.S. Virgin Islands, since the summer. (Weixel, 12/31)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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