May 11, 2026
1 min read

No FDA permission, no problem: New flavored vape policy worries experts

The tobacco industry chalked up another win on Friday with a new policy announced by the Food and Drug Administration that gives what one expert called a “get-out-of-jail-free card” to some manufacturers illegally selling e-cigarettes and nicotine pouches.

The FDA has a significant backlog of applications from the makers of vapes and nicotine pouches seeking authorization to sell their products. Some have gone ahead and put their products on sale anyway while awaiting word from the agency. In the new guidance, first reported by the New York Times, the agency said it will not prioritize cracking down on illegal sales under two conditions.

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