Vaping is seen by some as a healthier alternative to smoking cigarettes. However, many others believe vaping makes smoking more attractive to youths and can be harmful.
A recent FDA ban on the marketing two more specific vape products reflects this controversy and raises questions about the future of vape products.
FDA prohibits marketing of two vape products
In January, the FDA announced that it is prohibiting two menthol vape products, the Vuse Vibe Tank Menthol 3.0% and the Vuse Ciro Cartridge Menthol 1.5%, from being advertised and sold. The products are produced by R.J. Reynolds Vapor.
The FDA’s cited public health concerns as the reason for the marketing prohibition. It stated the company did not give them enough scientific evidence that the benefit these vapes provide to adult smokers is greater than any risk these vapes present to youths.
Prohibition echoes Juul case
This prohibition echoes the Juul case in some ways. In June 2022, the FDA ordered Juul to cease the sale of vape products. However, a federal appeals court determined the FDA could not ban Juul vape products from being sold. Juul vape products are still on the market.
At the time of the Juul ban, the FDA recommended those who wanted to vape to use other e-cigarettes, including some Vuse vape products manufactured by R.J. Reynolds. Now that the FDA wants to ban certain Vuse vape products from being marketed, time will tell if this ban meets the same fate as the Juul ban.
If you or your child were harmed by Juul products, you may still have legal options. Lawsuits based on fraud, strict liability or RICO violations may be options to consider in such situations.