17. October 2021

E-cigarettes authorised by US authorities for first time, but only tobacco flavours

By Tiffany Kary

New York: The US Food and Drug Administration has authorised British American Tobacco’s e-cigarette Vuse and its tobacco-flavoured pods, the first main e-cigarette merchandise cleared in a sweeping evaluation of whether or not hundreds of thousands of cigarette alternate options have a public-health profit.

Vuse is the first vape-type product from a serious firm to win the well being regulator’s backing to proceed US gross sales, with the company saying it will probably assist customers cut back publicity to dangerous chemical compounds. The FDA is working by way of hundreds of thousands of purposes, and whereas the merchandise below evaluation have already been offered within the US, the businesses want the FDA’s approval to maintain them in the marketplace.

Vuse electronic cigarettes have been approved by the FDA, as a product that can potentially benefit adult smokers.

Vuse digital cigarettes have been authorised by the FDA, as a product that may doubtlessly profit grownup people who smoke. Credit:AP

The company denied BAT’s request to promote flavoured Vuse merchandise, saying these have to be faraway from the market. It’s nonetheless evaluating a proposal to maintain promoting a menthol model.

Stakes are excessive for the FDA to resolve on the advantage of such merchandise on condition that COVID-19 has intensified issues about lung well being. A spate of lung sicknesses in 2019 additionally scared some vape customers again to smoking, growing the stress for an authoritative determination on whether or not different merchandise are safer.

BAT’s American depositary receipts initially spiked earlier than retreating to round unchanged after the announcement. Shares of Altria, which competes with BAT by way of its 35 per cent stake in Juul Labs, moved equally.

“Today’s authorisations are an important step toward ensuring all new tobacco products undergo the FDA’s robust, scientific premarket evaluation,” Mitch Zeller, director of the FDA’s Centre for Tobacco Products, mentioned in a press release. “The manufacturer’s data demonstrates its tobacco-flavoured products could benefit addicted adult smokers who switch to these products – either completely or with a significant reduction in cigarette consumption – by reducing their exposure to harmful chemicals.”

Public well being advocates say the cigarette alternate options are addicting youthful individuals to nicotine in several kind, doubtlessly resulting in a brand new cycle of hurt.

The FDA’s authorisation utilized to R.J. Reynolds’s Vuse Solo gadget and its accompanying tobacco-flavoured e-liquid pods, permitting them to be legally offered within the US.

The FDA’s orders “confirm that Vuse Solo products are appropriate for the protection of the public health, underscoring years of scientific study and research dedicated to ensuring that adult nicotine consumers age 21+ have access to innovative and potentially less harmful alternatives to traditional tobacco,” Kaelan Hollon, a spokeswoman for R.J. Reynolds, mentioned.

Make or Break

The FDA’s choices might make or break fortunes for cigarette corporations, that are more and more diversifying into alternate options like e-cigarettes and oral nicotine pouches, and for rival upstarts that make competing next-generation nicotine merchandise.

The stakes are additionally large for public well being. The long-term results of many various nicotine merchandise have but to be absolutely studied. On the opposite hand, conventional tobacco merchandise, which they search to exchange, kill an estimated 8 million individuals around the globe yearly, and greater than 1.3 billion individuals nonetheless use them, largely within the type of cigarettes, in accordance with the World Health Organisation.

Advocates of e-cigarettes have mentioned that if an internationally recognised company just like the FDA authorises them, it might velocity up a worldwide shift away from smoking. On the opposite hand, public well being advocates say the cigarette alternate options are addicting youthful individuals to nicotine in several kind, and doubtlessly dosing them with different little-known compounds, resulting in a brand new cycle of hurt.

The FDA has mentioned teen use has been a prime concern. In its assertion on Tuesday (US time), the company mentioned that it took notice of a latest survey that confirmed about 10 per cent of high-school college students who use e-cigarettes mentioned their model was Vuse. At the identical time, the FDA mentioned, the information confirmed most of them had began with “flavours such as fruit, candy or mint, and not tobacco flavours,” and that this data specifically bolstered its determination to approve only the tobacco-flavoured merchandise.

‘Complex Landscape’

“It’s a complex landscape,” Ben Haas, a companion at Latham & Watkins LLP, mentioned in an interview earlier than the announcement. Haas mentioned the FDA might be sued by tobacco corporations if it doesn’t approve their merchandise – or sued by public well being teams if it does.


The company has already authorised a handful of merchandise below its so-called PMTA course of, or premarket tobacco product utility: IQOS, a heat-not-burn gadget made by Philip Morris and marketed within the US by Altria; an oral tobacco from Swedish Match; and low-nicotine cigarettes from twenty second Century Group. All of them took two to 3 years and included a number of rounds of back-and-forth with the businesses.

The FDA’s choices could alter the enjoying area by wiping out competing merchandise. Companies with essentially the most at stake embrace Altria, the maker of US Marlboros, which has 35 purposes for varied flavours and nicotine strengths of On!, an oral tobacco product through which it has an 80 per cent stake.

Juul has an utility for its vape gadget, which covers menthol and tobacco-flavoured variations in each 3 per cent and 5 per cent concentrations of nicotine. Its final result can be intently watched contemplating Altria has already taken large writedowns on its Juul funding and forsaken its personal vape merchandise to concentrate on Juul’s.


BAT had a complete of seven purposes, together with some for Velo, an oral tobacco product.

Imperial Brands Plc has a number of excellent PMTA purposes for its MyBlu vaping pods system.

The lack of a call on Vuse’s menthol merchandise will depart corporations and buyers guessing how the FDA will act on menthol in cigarette alternate options, after the company mentioned earlier this yr that it plans to ban it in cigarettes as a result of it heightens dependancy.

American Cancer Society and American Cancer Society Cancer Action Network chief govt Karen Knudsen mentioned in a press release that the organisation remained involved concerning the potential implication for youth initiation and lifelong tobacco dependancy to excessive nicotine focus merchandise.

“While the FDA has issued strict marketing restrictions in an effort to prevent youth exposure, the manufacturer of these authorised products, R.J. Reynolds, has an established track record of circumventing regulation to addict generation after generation of new customers,” she mentioned. “Continued post-market surveillance will be imperative to ensure the company complies with the regulation.”


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