Maryland AG Pushes Back on FDA's Flavored Vape Approval

State of MD - Maryland Attorney General Anthony G. Brown has joined a bipartisan group of 19 attorneys general calling on the U.S. Food and Drug Administration to reverse course on flavored e-cigarettes. The coalition is urging the FDA to drop draft guidance that would make it easier to approve flavored vaping products. They say the move puts children at serious risk of nicotine addiction.

Federal law requires all e-cigarette products to receive FDA authorization before they can be sold in the United States. To date, the FDA has only approved 45 e-cigarette products. Until May 5, 2026, the agency had never authorized any flavor beyond tobacco or menthol.

Just six days before the public comment deadline, the FDA approved two fruit flavored products. Despite those strict limits, hundreds of thousands of unauthorized flavored vaping products are still being openly sold across the country in violation of state and federal law.

The situation grew more alarming on May 8, when the FDA announced it would stop making enforcement of unauthorized vapes and nicotine pouches a priority. Critics say that decision effectively gives sellers a green light to keep breaking the law.

The controversy stems from draft guidance the FDA released on March 11, 2026. That guidance suggested certain flavors, including coffee, tea, spices, menthol, and mint, pose a lower risk of youth addiction. The attorney general pushed back hard on that claim.

Research shows young people consistently prefer flavored products over unflavored tobacco, regardless of the flavor type.

In their letter, the attorneys general urged the FDA to reconsider the draft guidance and to continue its careful scrutiny of all flavors to protect public health.

This is not the first time attorneys general have taken on the tobacco and vaping industry. In 1998, attorneys general from 52 states and territories, including Maryland, reached a landmark settlement with the four largest tobacco companies.

That deal placed strict limits on tobacco advertising and required the creation of the Truth Initiative, an organization dedicated to "achieving a culture where all youth and young adults reject tobacco."

More recently, in 2022, Maryland joined 33 states and territories in a $434.9 million settlement with JUUL Labs over its marketing and sales practices. That agreement also placed tight restrictions on how JUUL could promote its products going forward.

Joining Attorney General Brown in the letter are the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wisconsin.