The push for new FDA guidance specifically listing disposable vapes as a high priority for enforcement has support among tobacco control groups, Democrats in Congress, and even tobacco companies. Last week, tobacco giant R.J. Reynolds filed a formal FDA citizen petition asking the agency to prioritize enforcement against disposable vapes. Reynolds’ tobacco- and menthol-flavored Vuse e-cigarettes can’t compete with the more effective disposable vapes that are sold in popular flavors. The loophole that never wasThe so-called “disposable loophole” refers to the FDA’s 2020 enforcement guidance, which exempted some disposable vaping products from priority enforcement. As we explained at the time, the exemption for disposable products only included otherwise compliant products like the NJOY Daily and blu disposables.
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